National Digital Education Policy and Children’s Data

On January 11, 2023, President Luís Inácio Lula da Silva sanctioned Law No. 15,533, which establishes a nationwide coverage for digital schooling in Brazil. This creation is a elementary milestone for residents’ universalization of digital instruments and instruments, because it goals to extend the outcomes of public insurance policies associated to residents’ entry to those instruments, giving precedence to probably the most susceptible teams of the inhabitants.

According to the legislation, the pillars of the coverage can be digital inclusion, digital schooling in colleges, digital studying and specialization, and analysis and improvement (R&D) within the subject of data and communication applied sciences (ICT).

Within the framework of the subject of digital faculty schooling, the aim of which is to make sure the implementation of digital schooling in colleges, it’s doable to advertise digital tradition within the schooling of scholars, to create a extra acutely aware and democratic surroundings, and to hunt crucial evaluation. and is chargeable for the a part of the coed physique that’s extra conscious of their digital rights, such because the safety of their private knowledge, below the phrases of Federal Law No.

Given this state of affairs, colleges have a transparent responsibility to advertise a tradition of private knowledge safety amongst their colleagues and workers, particularly with regard to the private info of their college students, which is handled each day to offer their providers. Thus, you will need to create and promote a powerful privateness coverage that’s adopted and revered by the employees of academic organizations.

At the identical time, these professionals should adjust to the provisions associated to the safety of private knowledge of youngsters and adolescents contained within the LGPD, for instance, the correct supplied for in Article 14. writein accordance with which the processing of this info should be carried out within the pursuits of those homeowners and not of the controller and even of fogeys or guardians, thus figuring out the pursuits related to the advantages obtained by kids and adolescents. [1].

Thus, colleges should adhere to the rules and authorized frameworks for dealing with scholar knowledge in every workforce of the tutorial establishment to keep away from violations of the legislation and future punishment of the varsity.

In order to ensure the satisfactory processing of knowledge associated to those holders, i.e. kids and adolescents associated to this schooling, the rules of transparency, necessity, adequacy and purposefulness should to begin with be fastidiously noticed. establishments.

For firms, public authorities and colleges, typically, the LGPD in its Article 50 presents a listing of excellent practices to be adopted by these entities to be able to adapt to the principles transparently, ethically and successfully. LGPD is supplied for.

In their work, Christina Sleiman and Edmy Froese spotlight good practices utilized by colleges to adequately deal with the private info of youngsters and adolescents with whom they’ve any contact.

First, Christina Sleiman reminds us of the significance of getting ready related paperwork Privacy Impact Assessment (PIA) and Data Protection Impact Assessment (DPIA), recognized in Brazil as Personal Data Protection Impact Report (RIPD). These two paperwork are meant to determine and analyze the privateness dangers related to the processing of private knowledge by numerous teams of firms and colleges to be able to justify the choices taken and the preventive measures and technical controls essential for satisfactory knowledge safety. particular person of holders [2].

Christina Sleiman additionally foresees the required observance of the age of the holders of processed knowledge, which implies that below the Civil Code of LGPD 2002, a holder below 16 years of age is taken into account to be completely incompetent, and these over 16 years of age. and minors below the age of 18 require the illustration or help of a guardian or guardian [3].

In addition, Article 14 states the necessity for controllers to reveal the kind of knowledge colleges gather and course of, how they use it, and the procedures adopted for knowledge homeowners and knowledge controllers to train their rights below the legislation. compliance with the rules of transparency and objectivity.

In his latest writings, Sleiman lists a few of the finest practices adopted by academic establishments, together with establishing a privateness committee chargeable for the privateness coverage and overseeing it by faculty employees; knowledge controller definition; implementation of essential technical and administrative measures for correct processing of knowledge by specialists; and steady and didactic follow of coaching and lectures to extend employees consciousness [4].

Edmy Froze, in flip, lists the next means of knowledge safety just like Sleiman: a) growing a privateness program; b) Creation of a sub-committee on info safety; c) conducting a survey of private knowledge processing providers; and d) appointment of a knowledge safety officer in accordance with the set of measures adopted by the Ministry of Education [5].

The creator additionally recommends that the official web site of an academic establishment respect the precept of openness to the general public, present privateness and consent notices, and decide necessities. Cookies used web sitein a transparent, accessible and clear method [6].

Finally, Froese, with out intending to finish the subject right here, reminds us of the required compliance to handle the contracts signed with these colleges, particularly the enrollment contracts for the subsequent tutorial interval. Thus, the creator reminds us that to be able to search to adjust to the rules set forth within the LGPD, contracts should be clear within the following sense. “Informing the events concerning the knowledge processing carried out by the establishment”, particularly, the idea of knowledge change, the aim, the forms of knowledge collected, the period of private knowledge processing of every group that processes this info, in addition to the sanctions utilized in case of non-compliance, and many others. As lengthy because the contracts are nonetheless in impact, colleges could make contract amendments that successfully adjust to the legislation, are comprehensible to these concerned, and present safety. [7].

In brief, the promulgation of the Law establishing the National Policy on Digital Education envisages digital inclusion and digital schooling within the sense of selling digital tradition and huge universalization of digital media providers. Brazil’s inhabitants, particularly socially and economically susceptible residents, in addition to teams which can be thought-about susceptible, reminiscent of kids and adolescents.

From this viewpoint, academic organizations are targeted on early childhood, major and secondary schooling, along with clearly, accessible and clear presentation of the rights and obligations of the homeowners of the private knowledge they course of, in addition to mother and father. Custodians themselves ought to develop complete, well-organized privateness insurance policies which can be broadly disseminated amongst their workers to make sure the elemental proper to non-public knowledge safety for the good thing about these holders who more and more use digital instruments. progress in studying and social interplay of their skilled, tutorial and private lives.


[1] Sleiman, Christina. Impact of the LGPD on the processing of private knowledge of youngsters and adolescents. 12 months: CANTO DE LIMA, Ana Paula; Savoy, Beatriz. Essays on digital legislation, privateness and knowledge safety. Recife: Legal Empire, 2022. p. 162.

[2] Sleiman, Christina. Impact of the LGPD on the processing of private knowledge of youngsters and adolescents. CANTO DE LIMA, Ana Paula; Savoy, Beatriz. Essays on digital legislation, privateness and knowledge safety. Recife: Legal Empire, 2022. p. 165.

[3] Sleiman, Christina. Impact of the LGPD on the processing of private knowledge of youngsters and adolescents. 12 months: CANTO DE LIMA, Ana Paula; Savoy, Beatriz. Essays on digital legislation, privateness and knowledge safety Bones. Recife: Legal Empire, 2022. p. 166.

[4] Sleiman, Christina. Impact of the LGPD on the processing of private knowledge of youngsters and adolescents. 12 months: CANTO DE LIMA, Ana Paula; Savoy, Beatriz. Essays on digital legislation, privateness and knowledge safety. Recife: Legal Empire, 2022. p. 169.

[5] FROZ, Edmy Maria Capovilla. Data safety: finest practices in schooling. 12 months: CANTO DE LIMA, Ana Paula; Savoy, Beatriz. Essays on digital legislation, privateness and knowledge safety. Recife: Legal Empire, 2022. p. 179.

[6] FROZ, Edmy Maria Capovilla. Data safety: finest practices in schooling. 12 months: CANTO DE LIMA, Ana Paula; Savoy, Beatriz. Essays on digital legislation, privateness and knowledge safety. Recife: Legal Empire, 2022. p. 186.

[7] FROZ, Edmy Maria Capovilla. Data safety: finest practices in schooling. 12 months: CANTO DE LIMA, Ana Paula; Savoy, Beatriz. Essays on digital legislation, privateness and knowledge safety. Recife: Legal Empire, 2022. p. 190.

Silvio Tadeu de Campos is a researcher on the Institute of Legal Frameworks, postgraduate in administrative legislation at FGV Direito SP, holds Insper and FIA knowledge safety, EXIN and Obac knowledge safety certificates and is a lawyer in São Paulo.

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