Regulations, 2021

L.N. 407 of 2021

DATA PROTECTION ACT

(CAP. 586)

Processing of Personal Data (Education Sector) (Amendment)

Regulations, 2021

IN EXERCISE of the powers conferred by articles 5 and 33 of

the Data Protection Act, the Minister for Justice and Governance, after

consultation with the Information and Data Protection Commissioner,

has made the following regulations:-

The title of these regulations is the Processing of Personal

Data (Education Sector) (Amendment) Regulations, 2021 and these

regulations shall be read and construed as one with the Processing of

Personal Data (Education Sector) Regulations, hereinafter referred to

as "the principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a)

sub-regulation (1) thereof shall be amended as

follows

(i) the marginal note "Cap. 452." to the definition

"Corporation" shall be substituted by the marginal note

"Cap. 343.";

(ii) the definition "pseudonymous data" shall be

deleted; and

(iii) in the definition "student", the words "and, or

attending an education institution and, or registered with an

examination body" shall be substituted by the words "and,

or attending, or having attended, an education institution

and, or registered with an examination body"; and

(b) in sub-regulation (2) thereof, the words "in article 2

of the Act" shall be substituted by the words "in article 3 of the

Act".

In regulation 3 of the principal regulations, the words

"where applicable in terms of article 34 of the Act, including in the

following cases:" shall be substituted by the words "where the

processing of personal data involves particular risks of improper

interference with the rights and freedoms of data subjects, including in

the following cases:".

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(a) in paragraph (b) of sub-regulation (2) thereof, the

words "Sensitive personal data shall be requested" shall be

substituted by the words "Special categories of data listed in

Article 9 of the Regulation shall be requested"; and

(b)

sub-regulation (8) thereof shall be amended as

follows

(i) the words "whenever education authorities are

involved in national initiatives with regards 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 initiative, provided that:" shall be substituted by

the words "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:"; and

(ii) in paragraph (a) thereof, the words "in the

implementation of such national initiatives;" shall be

substituted by the words "in the implementation of such

national and, or European initiatives and, or studies;".

Regulation 5 of the principal regulations shall be amended Amends

regulation 5 of

as follows

the principal

regulations.

(a) in sub-regulation (6) thereof, the words "provided

that no sensitive data and student welfare data are retained for

such purposes" shall be substituted by the words "provided that

no special categories of data and student welfare data are

retained for such purposes";

(b) the marginal note "Cap. 452." to paragraph (h) of sub-

regulation (8) thereof shall be substituted by the marginal note

"Cap. 343."; and

(c) the marginal note "Cap. 452." to sub-regulation (9)

thereof shall be substituted by the marginal note "Cap. 343.".

In regulation 6 of the principal regulations, the words "of

article 26 of the Act" shall be substituted by the words "of Article 32

of the Regulation".

Regulation 7 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof, the words "all the rights

under the Act" shall be substituted by the words "all the rights

under Chapter III of the Regulation"; and

(b) in sub-regulation (2) thereof, the words "may be

withdrawn in writing," shall be substituted by the words "may,

pursuant to Article 7 of the Regulation, be withdrawn in

writing,".

Sub-regulation (5) of regulation 8 of the principal

regulations shall be substituted by the following new sub-regulation

"(5) Where the research involves the processing of special

categories of data, such processing shall be approved by the

Information and Data Protection Commissioner in terms of

article 7 of the Act.".

€0.27