Educational field

No. Organic Law 2/2006, of 3 May, on Education (LOE) excludes the need for consent to process data necessary for the performance of teaching and guidance functions.

No. The LOE authorises the use of data relating to pupils and their families in order to provide them with the support they need, provided that it is used solely and exclusively for teaching and guidance purposes.

No. Exceptionally, special data categories may be processed without consent when necessary to safeguard the vital interests of the data subject or another person who is physically or legally incapable of giving consent.

No. The centre may use other, less invasive mechanisms within the child's personal sphere, such as having teachers carry out the monitoring.

Yes. The communication to parents of the academic and psycho-pedagogical data relating to the education of minor children who are not emancipated is covered by data protection legislation, in accordance with article 222-37 of Law 25/2010 of 29 July, of Book Two of the Civil Code of Catalonia, relating to the person and the family.

No. The school may only collect and process data that is adequate, relevant and necessary for the educational and guidance purpose for which it is collected.

Yes, if the account can be used for purposes beyond academic activities. In this case, consent is required from the data subject, or from their parents or guardians if they are under 14, to process the students' data associated with the creation of an email account, without prejudice to the terms of use established by the service provider.

However, if it is an email account provided by the school itself, as part of its teaching activities and for a purpose limited to this, consent is not required.

No. This is a purpose incompatible with that for which the data were collected and, therefore, the consent of parents or guardians is required.

Yes. Failure to provide this updated information may affect the proper management of the centre and the student's personal information.

The processing of a child under the age of 14 may be authorised by either parent, provided they have parental authority. If the child is over 14 years of age, their consent is sufficient to process their data, unless the law requires the assistance of parents or guardians.

As this is a competitive bidding procedure, article 45 of Law 39/2015 regulates its publication and provides that the means of communication where successive publications must be made must be established in the call for the procedure.

Pursuant to the provisions of the announcement, it may include the names and surnames of students who have submitted their applications and those admitted to the centre, as well as the weighted scores they have obtained.

The citizen who has participated in a competitive selection procedure, in this case through the pre-registration of their child in a school, is considered an affected person in that administrative procedure and, as such, may have access to the data of the admitted people.

If access is intended to ascertain the address that other candidates have declared, in order to verify whether there has been fraud in the score obtained through registration, such access is necessary for the citizen to exercise their right of defence.

The data contained in school pre-enrolment files, relating to the name, surname and registered address of pupils who have been admitted to a school, cannot be considered intimate data, although the same file may contain data relating to individuals' privacy, such as personal or family circumstances. In this case, the authority responsible for these data may grant access to the address information without disclosing the other data that make up the administrative file and which may be considered intimate data.

No. Parental or guardian consent is required.

No. A legal basis is needed to enable this.

No, unless you have the consent of the affected people (parents who own each of the mobile phone numbers).

NNo. There is no legal regulation that enables this communication and, therefore, parental consent is required for the school to transfer their data.

The publication of images of students openly on the school website is not considered part of the school's teaching and guidance function. Therefore, if you want to publish images of students, you must have the prior consent of the parents or guardians, or of the students themselves if they are over 14 years old.

However, exceptionally, images may be disseminated without the consent of the affected persons, as in the case of images captured at a public event or function, if the purpose of the dissemination is to inform and disseminate the celebration of this event and the image of the students appears as a mere accessory and does not affect their privacy. In any case, interested parties must be informed in advance of this dissemination so that they can exercise their right to object, if applicable.

However, when dealing with minors, it is advisable to always ask for consent.

Once consent has been obtained, it is not necessary to revalidate it each time an image of the students is to be published. Current regulations do not specify a fixed period of validity for consent; however, it is good practice for the school to establish a period of validity for this authorisation and, of course, to inform those who give their consent of their right to withdraw it at any time.

No. If the person concerned cannot be identified without disproportionate effort, the image is not considered personal data. Therefore, data protection legislation does not apply.

Minors over the age of 14 may exercise the rights of access, rectification, erasure, restriction of processing, data portability and objection, or the right not to be subject to automated individual decisions, without the authorisation of their parents or guardians, unless specific applicable regulations require it.

That said, nothing prevents the parents or legal guardians of minors over the age of 14 from exercising these rights without the minors' authorisation. This is without prejudice to the fact that, on certain occasions, the best interests of the child may justify restricting the exercise of information self-determination rights to the holders of parental authority.

Children under the age of 14 must exercise their information self-determination rights through the representation of their parents or guardians.

Yes, if they are the child's legal representatives.

Yes. It forms part of the information relating to the minor. However, without prejudice to the obligation to respond to the request in all cases, the obligation to disclose it is conditional on the centre having collected this data and still holding it.

Yes. Students over the age of 14, or their parents or guardians if they are under that age, can request it. They must indicate the erroneous or inaccurate data that must be corrected and provide the documentation that proves it.

Either parent can exercise the right of erasure without the other's consent, provided they have been awarded parental authority.

The student may object to this processing in accordance with Article 21 of the GDPR if they allege reasons relating to their specific personal situation, for example for security reasons if they are a victim of gender-based violence, if they are receiving any kind of threat, etc. In this case, the school must exclude them from the published list of admissions, unless it can demonstrate a compelling legitimate reason. If they are under 14 years of age, the right must be exercised by their parents or guardians.