Student tests are considered personal data; however, issuing copies to parents after they are conducted complies with the General Data Protection Regulation (GDPR), emphasizes the Data Protection Authority (DVI).
The inspection received complaints from parents who were denied copies of their children's tests or their copies by schools. Parents want to obtain these materials to assess their child's academic performance and the teacher's comments, as well as to understand what steps are needed to improve knowledge.
DVI notes that sometimes schools justify their refusal with data protection requirements. However, it is important to consider that under education laws, parents or legal representatives have the right to receive information related to the education and upbringing of their child.
What Courts Say
Judicial practice also confirms that: a student's answers in the test, as well as the examiner's comments, are personal data. The Court of Justice of the European Union stated in a 2017 ruling that answers reflect the level of knowledge, thinking, and abilities of the student, and therefore are directly related to a specific individual.
The teacher's comments are also considered personal data, as they reflect the assessment of a specific student and simultaneously contain information about the examiner himself.
Why Schools Should Issue Copies
If a school refuses, citing the protection of the teacher's data, DVI emphasizes: the student and their parents have a legitimate interest in obtaining this information; such data processing is generally considered permissible and proportionate. Since the test is related to the educational process and the professional activity of the teacher, its issuance to parents complies with the requirements of data protection legislation.
👉 Conclusion: a school cannot simply refuse - in most cases, parents have the right to obtain a copy of their child's test.
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