Privacy in the classroom
Edmund O'Connell made this Official Information request to Ministry of Education
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From: Edmund O'Connell
Dear Ministry of Education,
My family is moving to Christchurch and my son is planning on attending St Anne’s school. However, a family friend has now told me that cameras are being put in their classrooms. Under the OIA I request documentation showing:
Have the school contacted the Ministry to seek guidance and what was it?
What guidance have you provided, and/ or would you provide?
Is there a Ministry Policy on this? If so, can i have a copy of it?
What process would the school have to go through to do this, like a Privacy Impact Statement? https://www.privacy.org.nz/publications/...
What is your expectation of schools in this area?
UNCRC Article 12 says
1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
What advice and consultations were therefore done with the children? i want a copy of this and I want this to also include what was said and provided to parents and staff,
What are the specifications of the cameras being used?
Do the police need to be consulted? Would you expect the school to consult with them?
Are there security requirements to ensure the safety of the system? Both physical and cyber? Are there limits to how long the information can be held? I want copies of the forms that spell this out.
Would the classroom teacher or parents be informed before footage was reviewed?
Is there a form that must be filled out to access this system? Can I have a copy of that request form?
Who has access to this system and how can they access it? Can i have a copy of this process?
Would the Ministry expect the school to consult with the privacy commission?
What guidance has the Ministry received from the privacy commission on child privacy in the classroom?
I understand there are a number of questions, and some of them should go to the school, but please confirm with me which are which. As I would like a response as soon as possible, you may respond to me in stages. I would expect that any question that does not fall under the OIA will be responded to more quickly, and well before 20 working days
Yours faithfully,
Edmund O'Connell
From: Enquiries National
Ministry of Education
Tēnā koe mō tō īmēra mai ki te Tāhuhu o Thank you for your email to the
te Mātauranga. Ministry of Education.
He urupare aunoa tēnei hei whakaatu kua This is an auto generated response
tae mai tō īmēra confirming your email has been
ki a mātou. Kaua noa e whakautu i tēnei received. Please do not respond to this
karere. message.
Mea ake nei ka urupare tonu atu mātou ki We will respond to your email as soon
tō īmēra. as possible.
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From: Enquiries National
Ministry of Education
Kia ora Edmund
Thank you for your request for information below. The Ministry will consider and respond to your request in accordance with the Official Information Act 1982 (the Act).
Under section 15(1) of the Act, we are required to make and inform you of our decision on your request as soon as reasonably practicable and in any case not later than 20 working days after the day on which your request is received. You can therefore expect to receive our decision on your request on or before the 22nd of May 2023. If more than 20 working days are needed due to the potential workload and/or consultations involved in answering your request, we will notify you accordingly.
The Ministry may publicly release on our website the response to your request five days after you have received it. Any personal information will be removed.
In the interim, if you have any questions about your request, please email [email address].
Ngā mihi
Enquiries National Team | Te Tāhuhu o te Mātauranga | Ministry of Education | AG
education.govt.nz
We shape an education system that delivers equitable and excellent outcomes
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai ōna huanga
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From: Edmund O'Connell
Dear Enquiries National,
Thank you for your acknowledgment. However, Section 14 of OIA says you will transfer requests within 10 working days. Has this been actioned?
Yours sincerely,
Edmund O'Connell
From: Enquiries National
Ministry of Education
Tēnā koe mō tō īmēra mai ki te Tāhuhu o Thank you for your email to the
te Mātauranga. Ministry of Education.
He urupare aunoa tēnei hei whakaatu kua This is an auto generated response
tae mai tō īmēra confirming your email has been
ki a mātou. Kaua noa e whakautu i tēnei received. Please do not respond to this
karere. message.
Mea ake nei ka urupare tonu atu mātou ki We will respond to your email as soon
tō īmēra. as possible.
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From: Enquiries National
Ministry of Education
Tēnā koe Edmund
Please find attached a letter regarding your request under the Official
Information Act.
Nāku noa, nā,
Official and Parliamentary Information | Ministry of Education | ED
[1]education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
We shape an education system that delivers equitable and excellent
outcomes
[2][IMG]
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From: St Annes Principal
Kia ora Edmund,
We received a request for some information from the Ministry. Hopefully
the below answers your questions.
Yes, the school is currently installing a security surveillance system in
classrooms to deter vandalism and damage, and improve student and staff
safety. The class ones are not operational yet as some are not wired up
yet with our new classrooms and renovations happening, alongside this the
Board are reviewing use at the next meeting before and the community still
needs to be informed of the changes, including staff reviewing the policy
so procedures are understood. We have some existing external cameras in
which we currently use the below policy.
Many other schools will have the same. It can be accessed on our website
through policies:
Camera Surveillance Guidelines
Camera surveillance in schools operates to discourage undesirable
behaviour and help identify and resolve security issues. People on school
grounds are made aware of the use of CCTV, and privacy regulations are
followed. The system may operate 24 hours a day, seven days a week,
according to the school's assessment of when it is needed.
The school's privacy officer is responsible for overseeing the CCTV
system. Our privacy officer is the principal.
St Anne's School complies with the Privacy Act in using and managing the
system. Conditions of the Privacy Act that govern how we handle personal
information include:
Information may only be collected for a necessary and lawful purpose.
Individuals must be aware of the information collection and the reason for
it.
Information collected for one purpose cannot be used for another.
Information is stored and disposed of securely.
The following guidelines apply to camera surveillance at our school:
Privacy
We have signage in strategic places to inform people of the system, and
our reason for it.
Cameras are not installed in sensitive places such as bathrooms.
Staff are advised that while they go about their normal business at the
school, their recorded images, and those of their students, will not be
reviewed except to identify culprits.
The system is installed so that individuals committing a crime on school
grounds can be identified and prosecuted. It is only used to identify
persons illegally on the premises or engaged in criminal activity, or
disturbing school programmes or individuals.
Access to recordings and system-related information.
Access is limited to the privacy officer and appointed system managers. A
log book is used which details access to the system, the purpose of the
access, and the operator.
No recorded data is taken from the system unless approved in writing by
the privacy officer.
Police may request access when investigating criminal activity in the
area. The police are given access to the system as required but must
comply with this policy. If the school has concerns about releasing this
information, we will contact our legal advisors. The school must comply if
the police have a search warrant.
Requests for access from parents or other interested parties will be
denied unless good cause is given and the board formally approves this
access.
Any system misuse is reported to the principal, or the board if the
principal is involved.
Staff have the right to see footage of themselves as it is personal
information held about them. However, they can only see it if it is
readily retrievable, so must supply a time, date, and location. The
privacy of other people who may be in the footage must be considered in
this case.
Storage.
All data, hard drives, etc., are destroyed or stored in compliance with
the approved standard on data protection. Data is stored according to the
standard so that it is not compromised and can be successfully used in
court as evidence.
Monitoring system use.
The monitoring firm provides regular reports on the effectiveness of the
system, and the system's operation is checked regularly by the privacy
officer and monitoring firm.
The system, its operation, and related policies and procedures are audited
and evaluated regularly as part of the annual health and safety audit.
4. What process would the school have to go through to do this, like a
Privacy Impact
Statement?
As above, you can also access policies on privacy on our website.
6. What advice and consultations were therefore done with the children?
In terms of consultation with children. We have completed many ‘Wellbeing
at School’ surveys to help identify areas where they feel unsafe in the
school. As above, discussions will be held at an upcoming staff meeting
once the Board has reviewed.
Also in terms of consultation, we have 11 Board members, 5 representing
our community and children as parent representatives. We have 4 proprietor
representatives who also are part of all decisions, some parents of the
school also.
7. What are the specifications of the cameras being used?
From installer: Dehua 6MP IP video only cameras throughout. All newly
installed cameras are to be added to the existing Dehua NVR system and the
CCTV monitor is to be configured to only display the external cameras for
privacy. CCTV software suite is to be installed on the principal’s PC &
Mobile Phone as privacy officer.
Note: The cellphone is for weekend break ins, fire alarm notifications so
a decision can be made if emergency services are needed.
Note: Monitor is in the office where sign in occurs, you would have seen
it when doing pre-enrolment, this shows what can be seen if you look
outside, however is another ‘sign’ in case people miss them all on the way
through.
9. Are there security requirements to ensure the safety of the system?
It is not cloud based. Hard drive writes over itself every two weeks.
10. Would the classroom teacher or parents be informed before footage was
reviewed?
If an incident occurs, the privacy officer would review. Privacy policies
would be followed.
11. Is there a form that must be filled out to access this system?
As above, the privacy officer has access and the Board would have to give
approval for anyone else.
12. Who has access to this system and how can they access it?
As above, the privacy officer has access and the Board would have to give
approval for others to access.
We hope this provides assurance to you and your family that the safety and
wellbeing of students and staff is well provided for and we hope this is
more of an incentive for your son to start rather than a deterrent. Feel
free to call the school and we are happy to help with any questions you
may have.
We are 03 3843 073.
Dallas Wichman
Principal and Privacy Officer
--
Ōtira 'ua, nā tō'ou tika ai,
Dallas Wichman
Tumuaki / Principal / Pū ‘Āpi’i Ma’ata
From: Enquiries National
Ministry of Education
Kia ora Edmund
Please find the response to your request of 21 April 2023 attached.
Ngā mihi
Enquiries National Team | Te Tāhuhu o te Mātauranga | Ministry of
Education | AG
[1]education.govt.nz
We shape an education system that delivers equitable and excellent
outcomes
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
[2]Te TD huhu o te MD tauranga
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