Szkoła Podstawowa nr 2 w Gdańsku (Primary School in Gdańsk) – Fine (Poland, 2020)

Fine
Urząd Ochrony Danych Osobowych18 February 2020Poland
final
Fine

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

A primary school in Gdańsk used a biometric system to track children's meal payments without a valid legal basis. The Polish data protection authority found that parental consent was not valid due to power imbalances and ordered the school to stop using the system. This case highlights the need for schools to find less intrusive ways to manage student data.

What happened

The school used a biometric reader to identify children for meal payments without a valid legal basis.

Who was affected

Children at the primary school in Gdańsk who used the canteen and were identified by the biometric system.

What the authority found

The authority decided that the school's use of biometric data lacked a valid legal basis because parental consent was not freely given.

Why this matters

This decision emphasizes that even with parental consent, schools must ensure data processing is fair and balanced. Schools should consider less intrusive methods for managing student information.

GDPR Articles Cited

Art. 5(1)(c) GDPR
Art. 9(1) GDPR
Art. 58(2)(f) GDPR
Art. 58(2)(g) GDPR
Art. 58(2)(i) GDPR
Art. 83(2) GDPR
Art. 83(3) GDPR
Art. 83(5)(a) GDPR
Art. 83(7) GDPR
Full Legal Summary
Detailed

Primary school in school Gdańsk processed special categories of personal data (biometric data) of 680 children when they used the school canteen after receiving their parents' consent. The solution has been in place since 1 April 2015. The parents get informed via the canteen's website. Children whose parents have consented get their meals with priority. Two people, the system administrator and the authorising officer, have access to the database. The server is protected against unauthorized access with a password. Following an ex officio administrative proceedings, the President of the UODO has established that the school is using a biometric reader at the entrance to the school canteen that identifies the children in order to verify the payment of the meal fee. The UODO highlighted that it is special categories of personal data and that extra protection has been set out for children. In this case the UODO found that the consent given by the parents was not valid in particular because of the imbalance of the parties, hence the processing of biometric data did not have a valid legal basis. It also stressed that there it promotes unequal treatment among the students. The identification of the students could have been achieved through less intrusive means. For the mentioned reasons, the UODO ordered the primary school to delete the biometric data concerned, to cease the collection of this data in the first place and it imposed the fine of PLN 20,000.

Related Enforcement Actions (0)

No other enforcement actions found for Szkoła Podstawowa nr 2 w Gdańsku (Primary School in Gdańsk) in PL

This is the only recorded action for this entity in this jurisdiction.

Details

Fine Date

18 February 2020

Authority

Urząd Ochrony Danych Osobowych

GDPRhub ID

gdprhub-2160

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified

Cite as: Cookie Fines. Szkoła Podstawowa nr 2 w Gdańsku (Primary School in Gdańsk) - Poland (2020). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: