Revised LN76/2014 includes KSU proposals
Kunsill Studenti Universitarji (KSU) recognises the work done by the working group which was formed to review Legal Notice 76 of 2014. During several meetings with both the Ministry for Education and Employment and the Data Protection Commissioner, KSU has forwarded its proposals to ensure that the rights of all students are safeguarded and also ensure that the concerned bodies would not use the data collected abusively.
KSU is pleased to see that the new draft of the Legal Notice includes a number of proposals that were created to ensure a more secure implementation of the Legal Notice 76 of 2014.
Although KSU have been reassured for several times that the intentions behind the Legal Notice 76 of 2014 were genuine, KSU proposed that the “legally valid document number” mentioned in the previous version should be changed to pseudonymised identification. This will ensure that the students cannot be identified unless it is required “under a specific law or it is in the best interest of the student, or if explicit consent by the parent/legal guardian is obtained”.
Moreover, whenever personal identifiable data has to be used the Legal Notice provides that this “data is 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/legal guardians.”
During the meetings KSU had with the aforementioned authorities, it was mentioned that at the moment the data would also be used in national initiatives with regards to employment opportunities such as Jobs+ Scheme, Youth Guarantee Scheme and Youth Employability Index. The revised Legal Notice provides that when identifiable data can be requested for the implementation of national initiatives in the interest of students, if the student is not eager to participate in such initiatives, the data shall be destroyed or rendered anonymous
The new Legal Notice, as proposed by KSU, specifies what the Education Authorities are and that the data collected should be transferred to different entities in line with what is stated in the Education Act. This will ensure that no disproportionate power is given to a single individual.
During these past months KSU, after being the first entity that voiced its concerns regarding the introduction of Legal Notice 76 of 2014, has taken an active role in the discussions regarding the revision of this legal notice, even though it was not allowed to be part of the working group. While KSU is satisfied that the working group took the aforementioned proposals in consideration, to ensure that the students’ data is protected, it remains adamant that the student data should always be respected and it must be ensured that this will be used in the interest of the concerned students.