- Enforcing jurisdiction
- Spain · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Departamento de Educación del Gobierno de Navarra – Violation Found (Spain, 2020)
Privacy enforcement record
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The Spanish data protection authority found that the Department of Education of the Government of Navarra collected unnecessary personal data from students in a survey. This ruling stresses the importance of collecting only data that is needed. It reminds educational institutions to be careful about the types of information they gather.
What happened
The Department of Education conducted a survey that collected personal data from students that was not necessary for its purpose.
Who was affected
Students whose personal data was collected during a survey conducted by the Department of Education.
What the authority found
The Spanish data protection authority determined that the department violated GDPR by collecting specific personal data that was not necessary.
Why this matters
This finding highlights the need for educational institutions to ensure that data collection practices are lawful and necessary. It sets a precedent for how schools should handle personal data in surveys.
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On 25 February 2019, an individual filed a complaint with the AEDP against the Department of Education of the Government of Navarra regarding a survey conducted by his son in class, asking him about intimate, family, and personal issues. The respondent stated that the purpose of the surveys was to guide and inform schools and families about the level of education acquired by the schoolchildren. Together with these surveys, context questionnaires were provided to obtain information on the socio-economic and cultural conditions of the schools in order to contextualize the results obtained. The respondent also explained in detail the respective organic laws that justified the collection of these personal data of the students, in order to know better the conditions of the students. At the same time, it also described the security and confidentiality measures that were being followed to protect this information. The Department of Education of the Government of Navarra replied to the decision to initiate the procedure, agreeing with the allegations of infringement of Articles 5(1)(a) GDPR and 13 GDPR. On the other hand, they disagreed with the infringement of Article 5(1)(a) GDPR in relation to Article 9(1) GDPR with regard to the question of the gender identity of pupils. Should government surveys of underage students do comply with the principles of transparency, lawfulness, and fairness, respecting Articles 5 (1) (a), 9 (1), and 13 GDPR? The Spanish DPA confirmed that the defendant collected specific personal data that was not necessary for the purpose in question. Therefore, if they could have achieved the same purpose without processing those data, there is no legal basis for processing them. Consequently, the infringement of Article 5(1)(a) GDPR in relation to Article 9(1) GDPR is established. Article 13 GDPR is also considered to have been infringed as regards the information to be provided when personal data are obtained from the data subject. The Spanish leg
Outcome
Violation Found
The DPA found a violation but did not impose a fine.
Related Enforcement Actions (0)
No other enforcement actions found for Departamento de Educación del Gobierno de Navarra in ES
This is the only recorded action for this entity in this jurisdiction.
Details
Decision Date
29 October 2020
Authority
Agencia Española de Protección de Datos
About this data
Cite as: Cookie Fines. Departamento de Educación del Gobierno de Navarra - Spain (2020). Retrieved from cookiefines.eu
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