In today's digital age, where information spreads rapidly through social media, it is crucial to prioritize the privacy and safety of learners. The Department of Education (DepEd) has reiterated the importance of protecting students from potential risks associated with online exposure. This article explores the guidelines on posting learners' images or data on social media, emphasizing the need for consent and responsible digital practices.
Why Privacy Matters
Learners, especially minors, have the right to privacy, as stated in various policies and legal frameworks. DepEd adheres to the United Nations Convention on the Rights of the Child (UNCRC) and the Child Protection Policy (DepEd Order No. 40, s. 2012) to safeguard students from abuse, neglect, and exploitation. Posting their personal information or images online without proper consent can expose them to risks such as identity theft, cyberbullying, and misuse of their data.
Legal Basis for Privacy Protection
The Data Privacy Act of 2012 (Republic Act No. 10173) establishes that learners, along with teaching and non-teaching personnel, are considered "data subjects," meaning their personal information is legally protected. Under this law:
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Consent of the Data Subject (Sec. 3b) – Any collection, processing, or posting of a learner’s personal information requires freely given, specific, and informed consent.
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Personal Information Protection (Sec. 3g) – Any identifiable data about a student must be handled with care and used only for authorized purposes.
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Rights of the Data Subject (Sec. 16) – Learners (or their guardians) have the right to be informed about how their data is collected, processed, and stored, and they can object to its usage.
The Role of Consent in Posting Learners’ Data
Since learners are minors, their parental or guardian’s consent is required before using their data for media purposes. DepEd Order No. 32, s. 2022, recognizes learners as individuals with rights and responsibilities, and it is essential to include them in decisions that affect their privacy.
What does consent involve?
Before posting a learner’s image or data, proper disclosure must be made regarding:
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The type of information being collected
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The purpose of its use
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The parties who will have access to it
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The duration of data storage
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The learner’s rights to access, correct, or withdraw consent
School Personnel's Responsibilities
Teachers, administrators, and other school personnel must respect and protect the privacy of students. DepEd emphasizes that all school staff must act as parental authorities, ensuring that learners' rights are upheld. This includes:
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Keeping learners safe and setting a good example of digital responsibility.
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Educating students about their rights and the importance of online privacy.
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Promoting respect and responsibility when sharing information.
The Impact of the Cybercrime Prevention Act
Under the Cybercrime Prevention Act, sharing or posting another person's images on social media without their consent can lead to legal consequences. If a person believes that their privacy or reputation has been compromised, they have the right to seek legal remedies.
Use of the DepEd Consent Form
To ensure compliance with these regulations, DepEd requires the use of a Consent, Waiver, Indemnity, and Release Form. This document must be filled out by a learner’s parents or guardians before any photos, videos, or audio recordings are posted online. Moreover, in line with Rights-Based Education (RBE), learners themselves should be consulted on matters that affect them.
Final Thoughts
As social media becomes a major part of education and communication, protecting the privacy of learners is a shared responsibility. Schools, educators, and parents must work together to ensure that students' personal data is handled with care and respect. By obtaining proper consent and following legal guidelines, we can create a safer digital environment for all learners.