Syllabus
GS Paper 2 – Social Sector & Social Services (health, education, human resources – issues in development, management);
Context
Adherence to the principles of data privacy and data minimisation is particularly pertinent given the sensitive nature of children’s personal data.
Source
The Hindu| Editorial dated 27th July 2024
Using children’s personal data legally and securely
The Indian school education system, with its extensive network of schools, teachers, and students, necessitates the efficient management of vast amounts of personal data. Platforms like UDISE+ and APAAR have been developed to streamline data collection and enhance the quality of education. However, the legal and secure use of children’s personal data remains a critical concern, especially in light of evolving digital regulations and privacy standards.
Overview of the Indian School Education System
- Approximately 15 lakh schools: India has a vast network of schools spread across urban and rural areas, making it one of the largest education systems globally.
- 97 lakh teachers: A significant number of educators are involved in teaching and administrative roles, ensuring the functioning of the school system.
- Nearly 26.5 crore students: A large student population is enrolled from pre-primary to higher secondary levels, reflecting the scale of the education system.
- Diverse stakeholders: The system includes students, teachers, parents, and administrators from various socioeconomic backgrounds, highlighting the diversity and complexity of managing education in India.
Unified District Information System for Education Plus (UDISE+) Platform
- Conceived by the Ministry of Education in 2018: The platform was developed to streamline data collection and management in schools.
- Collect and exchange real-time information: UDISE+ gathers data on school infrastructure, teachers, student enrolment, and academic performance.
- Curate outcome-based policies: The data helps the Ministry create policies aimed at improving education quality.
- Improve resource allocation: Efficient allocation of resources is facilitated by accurate data.
- Monitor educational programmes: UDISE+ enables the tracking of various educational initiatives.
- Map educational trends: The platform provides insights into trends and patterns in the education system.
- Strengthen administration and optimise service delivery: The ultimate goal is to enhance the administration and delivery of education services.
Automated Permanent Academic Account Registry (APAAR)
- Introduced as a unique identifier for students: APAAR assigns a unique ID to each student for tracking academic records.
- Collates academic credentials and demographic information: It centralizes students’ academic data.
- Obtains Aadhaar information through voluntary consent: Students’ Aadhaar details are collected based on voluntary consent to ensure authenticity and avoid duplication.
Enhancing Ease of Schooling Through Data
- Linking APAAR and UDISE+:
- Automate student admissions: The integration aims to simplify the admission process.
- Reduce dropout rates during transitional phases: By streamlining transitions between different education levels, dropout rates are expected to decrease.
- Enhance opportunities for continuing education: The system supports students in continuing their education without unnecessary interruptions.
- Collaboration with DigiLocker and Ed-tech Companies
- Frequent collaboration with State governments: DigiLocker and ed-tech companies work with state authorities to enhance education services.
- The Ministry formulated a data-sharing policy in 2020: The existing policy requires updates to align with the DPDP Act, 2023, addressing new data protection challenges.
Compliance and Data Privacy Concerns
- Interlinking UDISE+ and APAAR exposes student data to these entities: This collaboration necessitates careful data management and privacy protocols.
- Limited guidance on verifiable parental consent: Clear guidelines are needed to ensure parents’ consent for minors’ data is legally valid.
- Compliance with DPDP Act requirements: Data collection must serve legitimate purposes as stipulated by the Act.
- Consent for minors’ data may violate statutory requirements: Ensuring compliance with consent requirements is crucial.
- Identification of data fiduciary, processor, and principal for liability purposes is complex and currently lacking: Roles and responsibilities must be clearly defined.
- Privacy policy for APAAR dictates data security but lacks specific protocols for sharing children’s data: Detailed protocols are necessary to ensure data security.
- Absence of a grievance redressal forum for data principals. Grievances directed to a grievance officer but lack clarity on legal liability.
Recommendations
- Supreme Court’s Three-Part Test (Justice K.S. Puttaswamy (Retd.) v. Union of India):
- Legitimate state interest in restricting the right: Any data collection or sharing must serve a legitimate public interest.
- Restriction necessary and proportionate to achieve the interest: Measures must be proportionate to the goals they aim to achieve.
- Restriction imposed/effected by law: Legal frameworks must underpin any restrictions on privacy.
- Aadhaar integration in APAAR/UDISE+ must comply with these conditions: Compliance with these privacy standards is essential.
- Importance of data privacy and minimisation: Given the sensitive nature of children’s data, principles of privacy and data minimisation must be strictly followed.
- Need for specific and voluntary consent for data sharing: Data sharing must be done with specific and voluntary consent to comply with legal standards.
- Standard Operating Procedures:
- Establish technical and legal protocols under a governance framework: This will ensure consistent data management practices.
- Facilitate data authenticity and legal obligations for stakeholders: Clear obligations for data authenticity and compliance must be set.
- Promote lawful and secure sharing, use, and retention of children’s personal data: Ensuring the security and lawful handling of data is essential for protecting children’s privacy.
- Clear mechanisms for grievance redressal are required. Establishing a forum for addressing data-related grievances is crucial.
Conclusion
The integration of UDISE+ and APAAR marks a significant step towards enhancing the administration and delivery of education in India. However, the evolving digital landscape necessitates updates to data-sharing policies to align with the Digital Personal Data Protection (DPDP) Act, 2023. Addressing data privacy, consent, and liability issues through robust governance frameworks and specific protocols is crucial for ensuring the lawful and secure management of children’s personal data.
Related PYQ
The Right of Children to Free and Compulsory Education Act, 2009 remains inadequate in promoting incentive-based system for children’s education without generating awareness about the importance of schooling. Analyse. [ UPSC Civil Services Exam – Mains 2022]
Practice Question
Discuss the role and significance of the UDISE+ and APAAR platforms in the Indian education system. What are the key challenges in ensuring data privacy and security for students’ personal information under these initiatives? [250 words]