Parents express concern over Education Directorate’s requests for private data of children through circular
Ministry says nothing has changed from procedure used during year 2000 for same project
Parents are asking on what criteria the directorate issued such a circular to certain parents. One parent highlighted the fact that that the circular’s content was written in a careless manner and quotes the wrong law
A number of parents have expressed concern over the fact that the Education Directorate is requesting data of children of various ages by issuing a circular directly to parents. The directorate also requests parents to give their go-ahead for the collection of data on their children to be collected as part of the Good Shepherd Project 2014/15. The Good Shepherd Project, which had been initially kickstarted in 1999 by then education minister Louis Galea, had been intended for the then ministry of education to inform itself on children aged over five years old which were not registered in a school. Parents are questioning why the directorate, which falls under the remit of the education ministry, has requested such information from certain parents when it could have easily done so directly by using Article 16 of the Education Act which gives such powers to the directorate. Recently, the government suspended the controversial Legal Notice 76, which seeks privacy data of students attending schools. Meanwhile, the government is currently trying to curb on absenteeism in schools. Contacted for its side of the story, the ministry of education insisted that the procedure for this project is the same one used since the year 2000. Parents are asking on what criteria the directorate issued such a circular to certain parents. One parent highlighted the fact that that the circular’s content was written in a careless manner and quotes the wrong law. The circular first makes reference to the Education Act 1988, Chapter 327 of the Laws of Malta, and then erroneously refers to the same Act as the Education Act 1998. This newsroom contacted a legal expert to explain excerpts which were quoted from the law. The expert said that the circular provides that the receiver needs to fill in the form in accordance with Article 5A of the same Education Act. However, there is presently no Article 5A in the Education Act, and from research conducted, points towards such article never existing in the same Act. But the expert pointed out that the circular in question might again be making an erroneous reference to Article 5(a), which does exist in the Education Act, and provides that: “It shall be the duty of every parent of a minor to cause him to be registered in a school for the first scholastic year starting when he is of a compulsory school age.” The legal expert said (s)he fails to see how this sub-article creates an obligation on the parent of the child, to submit personal data. The expert also noted that the circular requires the signature of one of the parents of the student which points towards some sort of consent being required. The question which was raised by the legal firm is what the reason behind such required consent is, what the Good Shepherd Project 2014/15 is and how can someone consent to a project without knowing what this entails. The form in question does not explain to parents what the project is all about. “Article 16 of the Education Act provides that: 16. (1) Every Directorate may request, collect and verify any information, data and statistics, as may be required for the performance of its functions. (2) A Directorate shall have access to all information which another Directorate, the Colleges and schools may possess, and is entitled to request and obtain all data it may require from students, parents, personnel and from public and private educational institutions, and this data should be given to it within a reasonable time from the date of request. (3) Every Directorate shall have access to other statistics and data of an economic and social nature as required in order that it may perform its functions according to this Act. The Educational Directorates have access to data, if it is required in the performance of their functions. But what are the Directorates functions? The functions of the Directorates are listed in Article 11 of the same Education Act, which lists an extensive number of functions and aims of the Directorate for Educational Services. However, before listing these functions it provides that: “It shall be the general function of the Directorate for Educational Services, in constant collaboration with the Colleges and Schools to…..” Other questions which are being raised by parents is why the directorate requires consent from parents, when such data is available to them and if this project is part of their functions under the Education Act.