View student file and other rights.

Rights of parents

The rights of parents and students around the student file are in the general data protection regulation (GDPR). These are the main rights of parents:

• Right to clear information
• Right to view the data
• Right to a copy of the data
• Right to correction and addition
• Right to have data deleted
• Right to transfer data the school stores: data portability
• Right to object to the processing of data
• Right to have an automated decision reviewed. For example at a central lottery system that assigns students to schools in a region

Clear information

The school has a duty to inform. That means the school must clearly tell parents what data is stored, what it does with personal data, what the storage periods are and what rights you have. The school can use for example a privacy policy for this. The information must be short, clear and easy to understand. Parents get the information in writing: on paper or for example by email.

View

As parents, you have the right to view the student data the school stores about you and your child. The right to view covers all personal data processed by the school. For example, data collected, recorded, ordered, stored, used or registered. You can ask for the full student file.

Copy

Parents have the right not only to view but also to get a copy of the entire file. The school must give this if you ask for it. A copy can be digital or on paper. Not giving a copy breaks the GDPR. The school may charge copy costs in some cases.

Correction and addition

Parents have the right to view the student file. They also have the right to have it corrected. The school must change, improve or remove clearly wrong information when you prove it. If you do not agree with what the school writes in the file but cannot prove it is wrong, you can always add your opinion. You write your view on paper and it is added to the file.

Delete data

In some cases the school must delete data if you ask. This applies to the following data:

• Data no longer needed. Storing it does not serve a purpose anymore. For example, the result of an old IQ test or payment of a parent contribution from a past school year. Data the school needs for guiding your child or for the Education Inspectorate must not be deleted.
• You have withdrawn permission. For example, you gave permission to post photos of your child on facebook but no longer want that. Then the school must remove the photos.
• You object to the processing. For example, if you do not agree with camera surveillance. The school must delete data if your rights are more important than the school’s interest.
• The data is processed illegally. The school may not process the data because, for example, there is no legal basis.
• The legally set storage period has passed.
• Data collected by an app or website about a child younger than 16 years.

The school is also responsible for data given to third parties. If data is deleted, the school must make sure this data is deleted there too.

Transfer data

You have the right to transfer digital data about your child to another school or organisation. You can also ask the school to transfer the data directly. If your child changes school, the school will with your permission make sure that the new school can easily add all data into their system. There will always be a educational report transferred to the new school.

Objection

If you do not want the school to process some data, you can object. Then the school must make a new choice between your child’s privacy and the school’s interests. No data can be processed in the meantime. This does not apply to data the school must process by law.

Make a request

If you want to use one of the rights above, ask in writing at the school management. If it is very hard to do this in a month, this can be extended once by two months. You will get a message about this within a month. If the school refuses your request, you will get a letter with the reason.

Costs

The school does not usually charge for a request for example for a copy, change or deletion of data. This can only happen if the request is unreasonable or excessive. For example, if you ask for a correction every week or if it is very hard or expensive to make a copy. Then the school may ask for a reasonable payment or refuse the request.

16 years and older

The rights above around the student file are in principle the student’s rights. For children under 16, parents act as legal representative. This means a student from 16 years old can decide about their student file and can ask to view it themselves. Parents can only have the full file with the student’s permission. The school must still inform parents about the study progress of their child while the child is a minor, so until 18 years old (see Article 2.97 law secondary education 2020).