The Information Commissioner has ordered two island high schools to stop using surveillance cameras inside pupils’ toilets.
An urgent enforcement notice was issued to Ballakermeen and Castle Rushen high schools requiring them to ban the processing of personal data in respect of the surveillance systems with immediate effect.
This processing was ‘likely to result in a high risk to rights and freedoms’, the Commissioner concluded.
The cameras had been in place inside the pupils’ toilets and rest rooms at both high schools for more than 18 months.
Ballakermeen introduced CCTV in the toilet areas to tackle issues with vandalism, vaping and potential risks to health and safety and safeguarding.
Head Graeme Corrin said in a letter to parents last month announcing plans to restrict toilet visits during classes: ‘Whilst we do have CCTV in the toilet areas, this does not cover the cubicles themselves, simply the communal hand wash area.
‘Sadly, there are also several cubicles that due to vandalism are missing doors and out of action awaiting repair. You can be assured that all working toilets have lockable doors ensuring privacy is maintained.’ The enforcement notices were issued on March 18, but the move was only announced by the Office of the Information Commissioner on Wednesday this week.
Both schools were found to have failed to carry out a data protection impact assessment, and therefore failed to identify any risks that cannot be managed and mitigated and identified.
The Commissioner said such an assessment should have been carried out, given the ‘particularly intrusive’ nature of the processing activity and the vulnerable group of people affected.
Under the enforcement notices, both schools are required to comply immediately and going forward with data protection legislation.
Failure to comply with an enforcement notice may result in a penalty and/or contempt proceedings.
In a statement, the Department of Education, Sport and Culture said: ‘It was recently determined that two schools on the island were not fully GDPR compliant in relation to their usage of CCTV.
‘The matter was raised by the Information Commissioner and both schools worked with DESC to promptly complete and return all necessary documentation.
‘The CCTV was installed to improve site security and also to serve as a deterrent against vandalism and inappropriate behaviour.
‘In line with the instruction from the Information Commissioner, a proportion of the cameras have been switched off and will not be back in use until approval has been received.’