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27th July 2024 (11 Topics)

Using children’s personal data legally and securely

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Context

The Indian school education system, one of the largest in the world, is undergoing significant digital transformation through platforms like UDISE+ and APAAR. These systems are intended to improve the management of school data and enhance educational quality. However, concerns have emerged regarding data privacy and regulatory compliance, particularly in light of the Digital Personal Data Protection (DPDP) Act, 2023.

UDISE+ and APAAR Overview

  • UDISE+ Platform: Introduced in 2018, UDISE+ collects real-time data on school infrastructure, teachers, and student performance. It aims to enhance policy-making and resource allocation in the Indian education system.
  • APAAR System: The Automated Permanent Academic Account Registry (APAAR) provides unique identifiers for students to consolidate academic credentials and demographic information, including Aadhaar details.
  • Linkage and Automation: Efforts are being made to link UDISE+ and APAAR to automate admissions and reduce dropout rates, thereby improving ease of schooling.

Data Privacy and Compliance Issues

  • Data Sharing Concerns: Integration of UDISE+ and APAAR with entities like DigiLocker raises issues regarding compliance with the DPDP Act, which mandates specific and voluntary consent for data collection and sharing.
  • Parental Consent and Data Use: There are concerns about whether the consent obtained for collecting minors' data meets the DPDP Act’s requirements. Unauthorized use of student data may violate legal standards.
  • Legal Liability and Grievance Redressal: The current data policy lacks clarity on legal liability for data accuracy and does not provide a robust grievance redressal mechanism for data principals.

Regulatory and Protocol Needs

  • Compliance with Privacy Standards: Aadhaar integration in educational systems must adhere to the Supreme Court’s three-part test for privacy, ensuring legitimate, necessary, and proportionate use of data.
  • Protocols for Data Sharing: Specific protocols are needed for data sharing among third parties to ensure compliance with legal standards and protect data integrity.
  • Governance Framework: There is an urgent need for standard operating procedures and a governance framework to manage data sharing, consent, and grievance redressal effectively.
Mains Question:

Q. What are the challenges and implications of integrating digital systems like UDISE+ and APAAR in the Indian education sector with respect to data privacy and regulatory compliance? How can adherence to the Digital Personal Data Protection (DPDP) Act, 2023 improve the management of student data?

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