S.L. 586.7 Art. 4Processing by education authorities.

(1) Education authorities may process personal data in relation to students and, where specifically required in the best interest of the students, personal data of parents and legal guardians may also be processed to carry out their functions as provided under the Education Act.

(2) (a) In the course of executing their functions subject to sub-regulation (1), education authorities may, from time to time, and by means of a written request, require educational institutions to furnish, in such manner as may be requested and within a reasonable time, personal data in relation to students attending such educational institutions, and their parents or legal guardians.

(b) Special categories of data listed in Article 9 of the Regulation shall be requested only with the explicit consent of the parent or legal guardian.

(3) Where data regarding educational attainment and ability in relation to the student held by educational institutions is required by the educational authorities in order to fulfil their functions as laid down in the Education Act, educational institutions shall substitute identifiable data with pseudonymous data, provided that any follow-up action is to be carried out by the educational institutions which transmitted the data as instructed by the education authorities.

(4) In monitoring the participation of students in national assessments, where there are discrepancies between the education authorities and examination bodies in relation to students sitting for national assessments, education authorities may request examination bodies to provide the data, provided that:

(a) such personal data are only used for reconciliation purposes;

(b) no results associated to identifiable students are requested, and

(c) all personal identifiable data are rendered anonymous, deleted or destroyed, immediately after the reconciliation exercise is conducted.

(5) Subject to the provisions of regulation 8, education authorities may process personal data for research and statistics purposes to perform tasks in the public interest and to exercise their functions in accordance with the Education Act.

(6) In implementing targeted policies and, or initiatives to assist students who do not achieve the required levels in national assessments for accession into further and higher education, or for an active participation in employment opportunities, education authorities may instruct examination bodies and, or educational institutions to forward any communication issued by the education authorities to inform students who are eligible to benefit from such targeted policies and, or initiatives. Where such instructions cannot be met by the examination bodies and, or educational institutions, personal data of students eligible to be addressed by the targeted policies and, or initiatives concerned shall be forwarded to the education authorities in order to enable them to communicate directly with the students concerned, provided that only the identifiable details of students opting to make use of such specialised services will be processed by the education authorities in the context of the targeted policy and, or initiative.

(7) Pursuant to sub-regulation (6), all personal identifiable data are to be rendered anonymous, deleted or destroyed, after the specialised services in line with the targeted policies and, or initiatives concerned are delivered, unless specific consent is obtained from the students themselves where applicable, or from their parents or legal guardians.

(8) Without prejudice to the provisions of sub-regulations (3) and (6), and regulation 8, whenever education authorities are involved in national and, or European initiatives and, or studies with regard to employment opportunities, and, or the alignment of jobs with the studies or qualifications achieved, the education authorities may require examination bodies and, or educational institutions to furnish them with such data deemed necessary for the national and, or European initiative and, or study, provided that:

(a) identifiable data are only requested if strictly required to take the necessary measures in the interest of the students in the implementation of such national and, or European initiatives and, or studies;

(b) only data of students over compulsory school age may be requested;

(c) identifiable data of students who eventually do not participate in such national initiatives are deleted, destroyed, or rendered anonymous.