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European School was illegally collecting personal data

Gregor Prajs
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European School was illegally collecting personal data

Today, I received the final decision from the National Data Protection Commission (CNPD) regarding my complaint against European School Luxembourg 2, pertaining to the illegal collection of personal data at the beginning of the school year. This decision has significant implications not just for the individuals involved, but for data protection practices within educational institutions like the European School. Personal data, including that of minors, requires stringent adherence to legal frameworks to ensure privacy and security.

I previously detailed my concerns in this article Did Leene Soekov and Per Frithiofson break the law?. My initial complaint was directed towards the deputy director for secondary education, Leene Soekov, highlighting what I believed were serious breaches of data protection law. Despite my efforts to address this issue directly with her, my concerns were disregarded, prompting me to escalate the matter to the CNPD for formal investigation. It’s vital that educational leaders understand their responsibilities under the law and the potential impact of their actions on students’ rights.

It is crucial for all stakeholders at the European School to recognise the importance of compliance with data protection regulations.

In her response to my concerns regarding questionable data collection practices, Leene Soekov stated: “Please be informed that as of the start of last week, following a meeting of the school management with Luxembourgish authorities concerning a safe and secure start to the school year, we have been closely collaborating with the Ministry of Health. Our goal has been to establish clear guidelines and subsequently inform staff about the proper protocols necessary to ensure the safety and security of our pupils. Furthermore, the Board of Governors of the European School convened on 31 August, making crucial decisions that, in accordance with my duties and responsibilities, are to be implemented within our safety instructions.”

“I am acutely aware of my legal obligations and strive diligently to maintain a safe and secure environment for all students and staff at the secondary school level.”

“I am fully abreast of all demands, requirements, and instructions and take great pride in fulfilling this role.”

The European School must ensure that all staff are trained adequately in data protection practices.

The findings from the CNPD regarding the European School highlight the need for stricter governance and compliance.

All members of the European School community must uphold the highest standards of data protection.

It seems that Leene Soekov may not be entirely cognisant of her legal obligations in this situation. Her comments could be interpreted as either condoning or even taking pride in actions that contravene established data protection laws, underscoring the importance of proper training for school administrators regarding their responsibilities under the GDPR.

CNPD confirmed that European School Luxembourg 2 illegally collected documents containing personal data of students and parents/guardians (the signed “Covid-19 rules – Pupil’s contract).

This confirmation from the CNPD raises serious questions about the governance and compliance practices at European School Luxembourg 2, necessitating a thorough review of their data handling procedures and protocols.

In light of the CNPD’s findings, Leene Soekov and Per Frithiofson have acknowledged their oversight. However, this admission should not absolve them of their responsibility to uphold the highest standards of data protection and privacy for all students.

The European School must communicate effectively with all parents about data protection measures.

As the European School moves forward, prioritising data privacy will be paramount.

All actions taken by the European School should reflect a commitment to data protection principles.

Educational institutions, such as the European School, must remain vigilant in safeguarding student data.

It is vital that the European School fosters a culture of compliance and accountability.

Guilty text with the background picture of a judge's gavel

The school informed CNPD that they destroyed all the documents related to this data collection.

UPDATE: 04.02.2021

In response to requests for evidence confirming the illegal actions of the school, I am providing a redacted version of the decision received from the CNPD. All personal data has been removed to protect the identities of those involved. It would be expected that the school administration, particularly Leene Soekov, who initiated this unlawful data collection, inform all affected parents and pupils about the deletion. Given that the demand for signing the document was sent to all secondary parents and pupils, the same transparency should now apply to the actions taken in response to this data breach.

This situation serves as a profound reminder of the critical importance of data protection laws and the need for educational institutions to foster a culture of compliance and accountability. Failure to adhere to these standards not only undermines public trust but can also result in severe legal repercussions.

Furthermore, as we delve deeper into the implications of this incident, it is important to reflect on the broader context of data protection in educational settings. Schools hold vast amounts of sensitive information about their students, including academic records, personal contact details, and health information. The GDPR was enacted not merely as a set of laws but as a framework to protect individuals’ rights in relation to their personal data. Its principles are intended to guide institutions on how to manage data responsibly and ethically.

Educational leaders must prioritise training and awareness around data governance to ensure that all staff understand their obligations under the law. This should include regular workshops, updates on legislative changes, and clear communication channels for reporting concerns regarding data misuse.

Moreover, the involvement of parents and guardians in discussions about data protection policies can strengthen the school’s commitment to transparency and accountability. Open forums or information sessions can provide an opportunity for parents to voice their concerns while also engaging them in the decision-making processes that affect their children’s data.

As we continue to navigate the challenges posed by digital transformation in education, we must remain vigilant about protecting the privacy and rights of our students. This incident serves as an important case study, highlighting the need for robust data protection practices and a proactive approach to compliance.

CNPD decission 2021

Leene Soekov caused a drop in BAC success rate

Gregor Prajs
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Leene Soekov caused a drop in BAC success rate

Deputy Director for a secondary school in European school Mamer is causing significant drop in a BAC success rate.

The latest data available for all European schools for European Baccalaureate are from 2019. This was the 60th session of the European Baccalaureate but unfortunately, Mamer school didn’t have cause for celebration since results were a disaster. It was the lowest BAC success rate in a long time. 

The reason for low BAC success rate

The reason is Leene Soekov, who from her arrival to this European school in 2017, doesn’t allow learning support. She is systematically declining all requests. Because of that, she managed to significantly lower the BAC success rate in European school Luxembourg 2 to a miserable 94%. The general average success rate for all European schools is 98,21%.

Schools should use their allocations of learning and support resources to personalise the learning for the individual needs of their students. Teaching and learning can be adjusted in many ways, based on every pupil’s unique needs, to enable additional learning and support needs to enjoy the same opportunities and choices in their education as their peers.

Mamer school “bellow” average?

Mamer school was the last one from all European schools by BAC success rate with a 94,77% of successful participants. Here I don’t count European school Heraklion because of statistical irrelevance. Eleven schools managed to get 100% success, but Mamer school is dropping and dropping.

Success rate europeans schools 2019 1
Success rate of all European schools for BAC 2019

The detailed report can be found in the Report on European Baccalaureate 2019.

Educational school trips are not allowed too

From her arrival in 2017, Leene Soekov also does not allow any educational school trip. And we are not talking about corona period but from the beginning of her management duties. Many teachers requested educational school trips, but deputy director ignored all of their requests. 

A lot of experts consider educational school trips an integral part of the educational system. School trips are a way of augmenting the learning process by taking your children outside of their usual classroom environment and getting them to have a different learning experience. A school trip can be anything, from a trip into the local area to familiarise them, with the world around them; a place of interest or relevance to the subject that they are learning; or even something like a foreign exchange where they get to immerse themselves in a different culture.

Some of the reasons that school trips have huge importance include:

  • Building For Later Life
  • Behaviour
  • Improved Attendance
  • Context

Did Leene Soekov and Per Frithiofson break the law?

Gregor Prajs
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Did Leene Soekov and Per Frithiofson break the law?

As you might remember, Leene Soekov sent out an urgent email with the title “URGENT Covid 19 – Pupil’s Contract“. This message was sent as an urgent one that required immediate reaction from parents and pupils. School administration requested that we send our papers back in less than 16 hours when children return to the school.

Whit this document they started a new data collection and they failed to comply with the General Data Protection Regulation (GDPR). Personal data refers to any information that relates to an identified or identifiable living individual.

After lengthy discussions with the data protection officer of both European schools in Luxembourg, I realise they are taking data protection very lightly. Mr Guillaume Fernandez, data protection officer, was not able to adequately explain all the questions regarding this data collection. Because of this,  I think they did it illegally, so I issued a legal challenge before the National Data Protection Commission (CNDP). Bases for my legal complaint is supported with the following points.

There must be specific purposes for collecting personal data

GDPR provides six bases for data collection and data processing:

  • The vital interest of the individual,
  • The public interest,
  • Contractual necessity,
  • Compliance with legal obligations,
  • The unambiguous consent of the individual, 
  • The legitimate interest of the data controller

School is collecting unnecessary personal data. To present pupils with the rules again Covid-19, they should use educational means and not forcing pupils and parents to enter the contract and starting new data collection. None of the schools in Luxembourg and also other European schools (like European school in Frankfurt) were using this method. Still, they presented such information during the education process in the classroom.

Personal data must be processed lawfully and transparently

Data collector should ensure fairness towards the individuals whose personal data is being processed. That kind of information must be publicly available before you start data collection. At the time of collecting their data, people must be informed clearly about at least:

  • who your company/organisation is (your contact details, and those of your DPO if any);
  • why your company/organisation will be using their personal data;
  • the categories of personal data concerned;
  • the legal justification for processing their data;
  • for how long the data will be kept;
  • who else might receive it;
  • whether their personal data will be transferred to a recipient outside the EU;
  • that they have a right to a copy of the data (right to access personal data) and other fundamental rights in the field of data protection
  • their right to complain with a Data Protection Authority (DPA);
  • their right to withdraw consent at any time;

Pupils and parents were not informed in advance why this new data collection is necessary, how will they store it and for how long. They just sent an email saying you have to sign it till tomorrow morning, without any legal justification.

In my opinion, Leene Soekov didn’t even inform data protection officer that they would be starting a new data collection. 

The school must install appropriate technical and organisational safeguards…

That ensures the security of the personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, using appropriate technology. School’s DPO provided data that personal data is kept in educational advisers offices in cupboards and folders. Not a very safe solution.

The whole direction of the school has access to personal data

DPO answer to this part was: “The access is limited to the Educational Advisors and the Direction of the School.“

Access to personal data should be kept to a minimum, and not everybody in the school administration can have access to personal data.

Article 15 of the “General rules of the European Schools”

Data Protection Officer also presented information that they started data collection According to Article 15 of the “General Rules of the European Schools”,

“The Director shall be responsible for security on school premises. Should a particular event occur at the school (e.g. death, serious accident, fire, explosion, infectious disease, threats, etc.), the Director must notify the relevant service.”

Of course, Article 15 has nothing to do with this data collection. 

 

I will keep you updated about the outcome of this case.

Many of you asked me why did I put Per Frithiofson in the title. The reason is he, as director of the school, is responsible for everything that is happening in the school. The good and the bad things.

Updated 25.01.2021

CNDP presented decision. You can read about it here – European School was illegally collecting personal data.

Per Frithiofson explains about COVID-19

Gregor Prajs
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Per Frithiofson explains about COVID-19

Dear Parents,

Soon all our pupils and staff will be on vacation for a week. The start of the school year has been an intensive period and all are in well need of a break.

The number of cases of Covid-19 in Luxembourg is increasing. The schools, including European school Luxembourg II, are part of Luxembourg so of course, we can observe this increase also within our school. Still, we have so far not had many cases, even if every case is one too many. All the cases known to us have been infected outside school. Among the cases we have had at Secondary school several have been infected at events/parties where our students have been participating. I would therefore like to take this opportunity to remind you, parents of your responsibility, to have your children act with a sense of civic duty when it comes to limiting the spread of Covid-19 when they are not in school.

I receive many emails from parents, some criticizing measures taken (or not taken) and some praising what we do to decrease the risk of spreading Covid-19. Even if I might not be able to reply to all emails I want you to know that I carefully read all of them and I have great respect for the fact that there are different opinions on these matters. I have weekly meetings with the APEEEL2 focusing on the Covid-19 situation and I do appreciate their engagement and constructive approach in this challenging situation for our school.

You will for sure receive more communication from us concerning the school and Covid-19 situation, hopefully not until after the vacation though.

I hope you will all have a good vacation and opportunities to enjoy time together.

Take care and kind regards,

Per Frithiofson

Original document is available here.

A mental health crisis in the European Schools community

Gregor Prajs
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A mental health crisis in the European Schools community

A mental health crisis cannot be cured entirely without external help. No matter if we talk about the young generation or adults, facing a mental health crisis can break a lot of pieces. Nowadays, we live in a community full of stereotypes and critics, and we barely remember who we are and what we want. As we get older, we become what society wants, and we fix a lot of issues.

Speaking about mental health can open more doors than we imagine, and having the courage to confront these problems will bring solutions for more people in need. When we think about the young population, we can see a higher level of anxiety and depression. In the European schools, the mental health issues become worse as we can see in the case of Daniel, a young boy from the European School of Munich who was seriously injured during a battle on 18th October 2019.

A group of five boys attacked him right near the school, and no one seemed to intervene in the battle and to try to stop it. After more research was done, it was discovered that the school tried its best to cover this incident as a bad image of the school could not bring any benefit. After the case was published in the newspaper and become more popular, the school did finally admitted the incident but continued to blame the parents and the children.

The mental health crisis is real

It becomes clear that the victim, a 16 old boy who lost his sight on the left eye after the beating did not receive any concrete reasons why no one seemed to care about what was happening. Moreover, six years earlier, the mother of the same boy came to school to file some complaints, and she was even accused that she enters the school propriety without any permission.

What is even worst is that the school is still trying to cover everything and to find people to blame more than looking for real solutions. It blames drugs consumption, but it is not paying attention to the mental health crisis of these children. All the superiors want to clean the mess and to act like nothing serious happened, and this behaviour will not solve this problem soon.

European schools have complex structures and a strict way of teaching. That’s been considered. The mental problems are becoming more and more severe, and no one seems to care. Children have bullied every day, and a large per cent of them are committing suicide because of the lack of external help.

Without the intervention of the school’s superiors, there is no chance that this situation will be better. Besides the reclamations of the parents and the desperate cries for help from the kids’ side, the school administration does not seem to care about these social problems. A school institution should be more than just a place to learn things; it should firstly be a place where everyone can feel safe and have all the comfort to assimilate the information that they need.

Without any help for these social crises, the children are facing challenging times every day at school, and they are suffering in silence. No one from school seems to notice or to pay attention to that. With that in mind, there should be drastic changes regarding this behaviour, and the mental health crisis should be a more discussed topic.

This is short summary from an excellent article by Martina Lalova, European Law School student at Maastricht University. Former European School of Brussels I (Uccle) pupil and member of the Student Union for the European Schools (CoSup) (2019-2020) as well as the Pupils’ Committee (2018-2020). and Laszlo Molnarfi, Political Science, Philosophy, Economics and Sociology (PPES) student at Trinity College Dublin. An alumnus of the European School of Brussels I (Uccle), former Pupils’ Committee President (2018-2019) and member of the Student Union of the European Schools (CoSup) in 2019-2020.. You can find the full version here.

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