– When an employee in the Inspectorate being on sick leave, I cannot claim to know why, so the new fraværsreglene in the high school open for, ” says Bjørn Erik Thon, director of the Inspectorate to Dagsavisen.
In the circular from the Education directorate for education states that absence for health reasons basically must be documented with a doctor’s certificate “or with evidence from another expert, such as physiotherapist, dentist or psychologist, including Children and ungdomspsykiatrisk outpatient clinic”.
– In practice, this means that schools and teachers get access to many more health than they have done in the past. When the statement in addition shall be given by the student has been in; whether it is a psychologist, gynecologist, or orthopaedic surgeon, says it itself that it can reach information that the learner doesn’t want the teacher or the principal to know about, ” says Bjørn Erik Thon.
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Tightened
Datatilsynets director will not take a position on the legality of the new fraværsreglene, but says nevertheless:
– This violates privacy and is a breach of the principles in the personal data act. We will now take a closer evaluation of the case, ” says Bjørn Erik Thon.
Eirin Lauvset is senior advisor in the Inspectorate. She points out several circumstances it is due to the to question:
A critical question in today’s Personopplysningslov is what is the purpose of the information it is to talk about. For the case where the goal is to reduce absenteeism, need school only to learn that the absence is valid – not where the student has been to the consultation or treatment.
the Youth who have completed 16 years of age have the right to confidentiality about own health, according to Health-, patient – and we. In practice, this means that they can seek out different health care and obtain birth control without their parents are informed. With the new fraværsreglene can the school require the knowledge of the doctor not even the parents have the right to know about.
Declarations are health information is categorised as sensitive personal information that requires confidentiality and stronger security measures for storage. With thousands of new statements, there is reason for concern. In 2013 and 2014 revealed Inspectorate large deviations in the routines for the storage of personal data in the school.
From 2018, Norway is bound by the European union’s new privacy rules where the so-called “dataminimalisering” is an important principle. In practice this means that if you do not need specific information stored with you – you should not have them.
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the Law has given the 16-year-olds a right to privacy the schools now directly intervene in, something that is very questionable. It does not make the matter better that there is a tutor that gets this information. A nurse with secrecy would set up something different, ” says Eirin Lauvset in the Inspectorate.
She also believes that the amount of statements that are now required from the students through three full years, overall, will be able to draw a quite detailed picture of the pupils ‘ mental and physical health.
The big question is what the schools do with all of this information and who gets access to it, ” she says.
the Norwegian newspaper Dagsavisen has asked the Education directorate to answer about the consequences of the new fraværsreglene are assessed and weighed up against existing laws and rules, and, if so, on what level in the directorate or department this is done.
the Director Hilde Austad answer this in an e-mail to Dagsavisen:
– The new provisions in the fraværsreglene have not changed anything on how the schools treat sensitive information; including information about pupils ‘ health. How schools should treat sensitive information is regulated in both the personal data act and arkivloven.
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Impairs the rights
Furthermore, she writes:
Both the schools and county authorities shall have procedures for the handling of sensitive information.
This relaxes not in any way the director of the Inspectorate – on the contrary:
I expect that the agency will now consider that they themselves have adopted, and see with new eyes on the need to require so detailed elevopplysninger, says Bjørn Erik Thon.
What do you think about that the school requires information not even the parents, have the right on?
– It is illogical and does not make sense. In addition, it undermines the rights the law has already given young people over 16 years of age.
Debate: Fraværsgrense does not solve the problem
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