Processing personal data in digital teaching
As a general rule, the same approach applies to the use of personal data processing in digital teaching as it does in ordinary teaching. The personal data processing is to be a requirement to conduct teaching or constitute material for the teaching itself.
Processing of personal data of teaching staff
The processing of personal data of employees in connection with digital teaching takes place on the legal basis of an agreement. This because this is part of the employee’s duties in accordance with their employment agreement. This applies to both livestreamed and recorded teaching.
For students who wish to record a teaching session, the rules on sound recording, photographing and filming in teaching situations apply (click here to access these) (PDF, 112 kB, opens in new window).
In these cases, the member of teaching staff is to ensure that other participating students can ask questions and interact with the teaching in such a way that their personal data is not processed by the student making the recording. They can do this for example, by ensuring that there is an option to ask questions anonymously. If this is not possible, the recording is not to be authorised by the member of teaching staff.
Processing of personal data of students
The University’s processing of personal data of students during teaching is on the legal basis of public interest together with the Swedish Higher Education Act’s requirements that universities are to carry out teaching. The processing is permitted if the purpose of the processing is teaching (regardless of whether the processing takes place via livestreaming or recording) and the processing constitutes a requirement for the teaching to be carried out.
To livestream a lecture or other teaching session for those who otherwise would have participated on campus is permitted. Likewise, the personal data processing that takes place via student participation with sound and image in such livestreamed teaching sessions, is permitted. This takes place on the legal basis of public interest together with the Higher Education Act’s requirement for universities to carry out teaching.
Always consider which of the functions for webcams, sound and chat need to be activated for students during the teaching session. It may often be justified to use one or several of the functions but do not do this as a matter of routine, make it a conscious choice. Provide information about the students’ (potential) option to turn off functions.
If there is a teaching session in which recording usually takes place even in ordinary circumstances as part of the teaching, it may also be carried out remotely. It may be that the recording comprises material for the student’s own reflection and for discussion with other students and members of teaching staff. The content of the recording therefore constitutes a part of the learning material. Something you should keep in mind in these cases is to encourage students prior to the recording to ensure, as far as possible, that they are in a neutral environment in their home to minimise the breach of privacy.
It is important to inform the students when personal data processing takes place through the digital connection and whether the session will be livestreamed or also recorded. It is also appropriate to provide students with the opportunity to ask questions outside the lecture. It becomes particularly important for questions to be asked outside the lecture if it is to be recorded.
Lund University has an external Data Protection Officer; Secure State Cyber AB.
The contact person at Secure State Cyber AB is Per Bergstrand and you will reach the contact person via the email address:
dataskyddsombud [at] lu [dot] se