Do schools, colleges and universities have to comply with data protection rules?

Yes. The Data Protection Commissioner has published guidelines for schools, colleges and universities on the use of biometric systems, for example fingerprint or hand-scan systems. (You can find this on its website, www.dataprotection.ie.)  The Data Protection Commissioner strongly advises schools, colleges and universities to do a detailed privacy impact assessment before they introduce any biometric system. 

 Can my school make me take a drug test?

Some schools use drug testing as part of their substance abuse policy. Testing for drugs takes place through blood or urine tests. If you are under the age of 18, the school must get your consent as well as the consent of your parent or guardian before it can carry out a drug test. 

 If you have concerns about drug testing in schools, you should contact one of the children’s organisations listed at the end of this pack. 

 Can a teacher search me in school?

Generally, only a Garda can search you and then only if he or she has a reasonable suspicion in relation to a crime. However, other people can search you if you agree to this. Your parents or guardian must also agree before any search is carried out. Your parent or guardian should be present during any search.

 Can a teacher search my locker?

Your locker is school property, but you are entitled to privacy while the locker is assigned to you during the school year. 

 A teacher may search your locker if he or she has a valid reason for doing so. The teacher should explain the reason for the search.

Can my school, college or university take and keep my fingerprints to check attendance?

Schools, colleges or universities must have your consent (and the consent of your parents or guardian if you are under the age of 18) before they can take your fingerprints.  The consent must be real. This means that they cannot treat you any differently if you do not agree to fingerprinting.

 Schools, colleges and universities should first assess whether fingerprinting is the best way to check attendance.  Other, simpler, measures can often achieve the same goal. 

 A fingerprint system must obey data protection law. If your school, college or university (or that of your child) is thinking about putting a fingerprinting system in place, you should ask the following questions:

• Is a fingerprint system really needed? What are the reasons for it?
• Did the school, college or university consider any other methods? Why was this one chosen over others?
• Will it run efficiently?
• Will it be reliable?
• Who will be able to access the fingerprint information?
• What type of security will protect the fingerprint information?
• How will the fingerprint information be stored?
• What plans are in place to deal with a security breach?
• When will the fingerprint information be destroyed and how will I be told about this?
• Will the fingerprint information be given to any other organisation?

 You have a right to this information and you should not feel pressurised into giving your consent unless you are comfortable with the system. If you are a student, tell your parents or guardian about any suggested fingerprint system and ask for their advice.

What can I do if I think that a school, college or university has introduced policies that affect my privacy (or the privacy of my daughter or son)?

Children and young people have the right to take part in any decisions that affect them, including matters of privacy. If a school, college or university plans to introduce any systems of fingerprinting, drug testing or locker searching, staff should explain these clearly to students and their parents. 

 If you have concerns about systems of fingerprinting, drug testing or locker searching used by a school, college or university, you can contact the Office of the Data Protection Commissioner. If a policy affects people under the age of 18 and there is disagreement about whether or not it should be implemented, when all other attempts to resolve the issue have failed, you can contact the Office of the Ombudsman for Children. See contact details at the end of this pack.