DPA case DKN.5112.7.2020 – Violation Found (Poland, 2020)

The survey entitled “Diagnosis of student’s home and school situation” examined personal situation of students. In connection with the survey, the school processed personal data of students, including minors, in particular names and surnames, attended class, indication of legal guardians (parents), family status (single parent, full family), information about death of a legal guardian (parent), separation of legal guardians (parents), their education and professional situation, the number of people in the household, financial situation, health condition and addictions of legal guardians (parents), housing situation and information on social benefits. The processing of students’ personal data included collection, storage and destruction of those data. the survey was conducted to identify students who require psychological support from the school they attend. The survey was carried out by class teachers in classes 7-8 of elementary school and in high school classes as in blanco paper forms on direct instruction from school principal. It was disputed that the legal acts regulating the functioning of educational institutions do not specify such tasks and obligations of schools that would justify the processing of students' personal data in the way it was done in the penalised entity, in connection with the conducted survey. By conducting a survey among students, the school has violated the principle of lawfulness of data processing, according to which personal data must be processed lawfully, fairly and in a transparent manner for the data subject.