Friday, March 29, 2024

NPC: Recording and uploading of online classes not violation of data privacy law

The recoding and uploading of online classes is not a violation of the Data Privacy Act (DPA) if it is within the framework of educational institutions.

The National Privacy Commission (NPC) thus ruled in Advisory Opinion No. 2022-014 it issued on March 25, 2022. The agency made the ruling in reply to a query by a college professor who is now under disciplinary proceeding after refusing to record and upload his online classes as ordered by his school employer.

The privacy body said that while the uploading and storage of the recording of an online class involved the processing of personal data, it is not deemed illegal as long as it is in accordance with Republic Act No. 10173 or the DPA.

NPC emphasized that the contract of the schools with its students is imbued with public interest. Thus, any processing of personal information to fulfill the obligations of parties within an “educational framework” is allowed in accordance with Section 12 (b) of the DPA, and in line with the academic freedom granted to these institutions.

The agency also said that it will remain neutral on the chosen method and technology by the educational institutions as long as it is within the bounds of law.

Meanwhile, NPC said that “in the case of processing of sensitive personal information within the educational framework, which includes an individual’s information of his or her education such as grades, performance or awards, etc., such processing is still permitted under Section 13 (a) of the DPA,” due to the underlying consent in the contract between the school and student.

However, the processing of sensitive personal information and privileged information is prohibited, except when the individual has given his or her consent, specific to the purpose prior to the processing.

On the other hand, educational institutions may even process personal data to achieve the purposes within its educational framework without the need for consent of the data subject.

NPC also said that it has informed the Department of Education and the Department of Interior and Local Government of the need for online class recordings.

The privacy body reminded that educational institutions must be transparent and must inform all individuals within its responsibility of the schools’ privacy policies.

NPC also reminded schools to create and implement policies on the processing of online class recordings, including the purposes and use of such recordings. These policies must be disseminated to all students, school faculty and staff, even parents and guardians, NPC said.

“Having clear policies will not only protect the data privacy of students, but teachers as well,” the agency added.

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