Pixel International Conferences

In the world of today, the rapid technological advancement influences practically any sphere of public life. The education, a traditionally conservative system in Bulgaria, is no exception. Advanced technologies for video surveillance and algorithmic assessment of students become a reality rather than fiction. However, the usage of such technologies poses many challenges and even threats to the fundamental right to privacy of all participants in the educational process: students – who as per the European data protection legislation merit specific protection likely being less aware of the risks associated to the processing of their personal data1; teachers; administrative staff working in the educational institution, etc. The present paper analyses some of the most common privacy issues that arise in the context of using ICT in the educational system. These include in particular: (i) the admissibility to install video surveillance2 and facial recognition systems3 for security and learning process control purposes in the school facilities; (ii) the legality of using automated tools such as algorithms and even artificial intelligence for assessing and evaluating students instead of a human teacher4; (iii) the obligation to transparently inform the students as vulnerable persons about the processing of their personal data5. The analysis is based on the Bulgarian and European court and administrative practice with particular emphasis on the opinions of the Bulgarian data protection supervisory authority – the Commission for Personal Data Protection. The conclusions made resemble the authors’ experience as a practicing lawyer and as an academic researching from scientific point of view the problems of privacy and data protection in European Union (EU) law. Although focusing on the said problems from Bulgarian perspective, the paper can have practical implications and serve as a basis for future research in all EU countries which share the same data protection legal framework – Regulation 2016/679, better known as “GDPR”.

Keywords: privacy, surveillance, recording, transparency, algorithms, assessment.

References:

[1] Voigt, P., von dem Bussche, A., The EU General Data Protection Regulation (GDPR). A Practical Guide, Springer International Publishing AG, 2017, p. 21
[2] Opinion of the Commission for Personal Data Protection Reg. No. П–5375/2017 of 30.04.2018 regarding the introduction of video surveillance in childcare facilities (nurseries and kindergartens), as well as in schools
[3] Opinion of the Commission for Personal Data Protection Reg. No. НДМСПО-17-916 of 21.12.2018 regarding the installation of entrance and exit cameras for facial recognition related to a school electronic diary.
[4] WP29 Guidelines on Automated individual decision-making and Profiling for the purposes of Regulation 2016/679, adopted on 3 October 2017, as last revised and adopted on 6 February 2018, WP251rev.01
[5] WP29 Guidelines on transparency under Regulation 2016/679, adopted on 29 November 2017, as last revised and adopted on 11 April 2018, WP260rev.01