Education involves many children. The Act treats anyone under 18 as a child and requires verifiable parental consent for processing, subject to exemptions.
Core duties
- Verify age and obtain verifiable consent of a parent or lawful guardian, unless an exemption applies.
- Do not process in ways that are detrimental to a child's well-being.
- No tracking, behavioural monitoring or targeted advertising directed at children, subject to prescribed exemptions.
Exemptions
The Rules provide limited exemptions for educational institutions for specified purposes (for example certain tracking or monitoring for educational activities or safety). They are conditional - confirm exact wording before relying on one.
Ed-tech
Learning apps used by children should avoid advertising profiles and analytics that build behavioural profiles of children.
Frequently asked questions
Do we need parental consent for school admissions data?+
Admissions may involve legitimate uses or legal obligations. Map each activity and ground; verifiable parental consent applies where consent is the ground and no exemption fits.
- Section 6(1)-(3)Valid consent for processing
- Section 8(5)Rule 6 · pending verificationReasonable security safeguards
- Section 9Rule 10 · pending verificationChildren's personal data
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