How to practically prevent testing of children

I have one piece of advice for you. There seems to be an insurmountable obstacle to testing children at school (but not at home): the protection of children’s particularly sensitive personal data.

“Sensitive personal data is a special category according to the GDPR, which includes data on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health status, sexual orientation and criminal offences, or final convictions of persons. Such data may harm the data subject themselves in society, at work, at school or may cause discrimination against him or her. It now includes genetic and biometric data in the category of sensitive GDPR data. The processing of sensitive personal data is subject to a much stricter regime than that of general data.’

Please note that there is a difference between the processing and handling of personal data (and this will probably be “only” about handling), but in any case the following must be protected:

‘The processing of personal data is any act or set of operations which the controller or processor systematically performs with personal data, by automated means or by other means. Processing means, in particular, the collection, recording, organisation, structuring, storage on information media, making available, modifying or amending, searching, consultation, use, transmission, dissemination, publication, storage, exchange, sorting or combining, blocking and disposal. However, processing within the meaning of the General Regulation cannot be understood as any treatment of personal data. The processing of personal data must be considered as a more sophisticated activity that the controller carries out with personal data for a certain purpose and from a certain point of view does so systematically. For the handling of personal data in a way that is not processing, protection is provided, for example, by Act No. 89/2012 Coll., the Civil Code. The General Regulation shall, like controllers, be governed only by entities which process personal data within the meaning of the definition of processing.’

I think over and over again about how schools want to prevent third-party people from learning sensitive health data, which also concerns specially protected subjects – children? If testing is carried out at school, this cannot be arranged. A healthy child comes to school. There he takes a test (because he says he can do it better under the supervision of a teacher than if his parents had done it at home) and then either in the event of a negative test he stays at school or in the case of a positive one he will be (probably illegally) separated from others and ignominiously removed from school. His absence will then clearly signal to all concerned what his state of health is.

TESTING CHILDREN AT SCHOOL IS THE DISCLOSURE OF SENSITIVE INFORMATION ABOUT THEIR HEALTH.

A special problem is that by presenting children together before class while waiting for the test, who may be infected with coronavirus with those who are not, the risk of infection with each other increases significantly. Schools must also prevent this – children simply must not meet before testing is carried out, otherwise the whole test event is more of an infestation. Everyone knows that the British mutation is so frighteningly contagious that it only takes seconds, if not just a face-to-face!

Schools must therefore create conditions so that, on the one hand, there can be no mutual infection and, in addition to the lack of dissemination of information on the health of the child. Until that is the case, no one will be able to force a child to test at school and make such nonsense subject to the right to education.

If a school wants to test children, it must lay down rules for testing so that no third party who is not allowed to handle sensitive data is able to learn any information about the child’s health. In our opinion, however, this is not technically possible.

The protection of sensitive data is therefore an insurmountable obstacle that will not allow the school to test. Whenever a child comes to school and does not take part in classes after taking the test and has to go home, the reason for this step will be obvious.

The disclosure of health information is extremely discriminatory and stigmatizing in the context of the coronavirus, taking into account the level of unjustified hysteria in society. We believe that the school will be subject to penalties for such conduct and parents may sue the school for illegally handling their children’s sensitive data.