Sample letter to refuse permission for a child’s data to be transferred into POD

The Department of Education has issued a new circular accepting it cannot defund the education of children whose parents do not want their kid’s data to be in POD.

They’ll only accept a written request as the basis of that refusal, however. So, here’s one you can use that meets the requirements (Now in English or Irish, thanks to an enterprising parent). Send or give it to your school.

***

Dear Principal,
I write further to the proposed transfer of data regarding my child (insert your child’s name here) to the Department of Education as part of the Primary Online Database. I am not satisfied that the Department has acted legally regarding this scheme in the past, and the Data Protection Commissioner’s office has confirmed the lack of legal basis for the transfer of data during the course of the rollout of this scheme.
As I both object to the creation of the POD and have no confidence in the Department’s capacity to process this data in accordance with data protection law, please note that, per Paragraph 2(a) of Department of Education Circular No. 37/2016, I wish no transfer of data relating to my child to be made to the POD database.

Thank you for your assistance.
Yours faithfully

(Your name)

 

And the same letter As Gaelge:

GAEILGE (IRISH):

A Phríomhoide, a chara,

Táim ag scríobh chugat maidir le haistriú beartaithe sonraí a bhaineann le mo leanbh [AINM AN LINBH] chuig an Roinn Oideachais mar chuid den Bhunachar Sonraí ar Líne do Bhunscoileanna. Nílim sásta gur ghníomhaigh an Roinn i gcomhréir leis an dlí i ndáil leis an scéim sin roimhe seo, agus dhearbhaigh Oifig an Choimisinéara Cosanta Sonraí nach bhfuil bunús dlíthiúil ann sonraí a aistriú le linn an scéim seo a bheith á cur i bhfeidhm.

Toisc go bhfuilim i gcoinne an Bunachar Sonraí ar Líne do Bhunscoileanna a chruthú, agus toisc nach bhfuil muinín ar bith agam as cumas na Roinne na sonraí sin a phróiseáil de réir an dlí a bhaineann le cosaint sonraí, tabhair do d’aire, de réir Mhír 2(a) de Chiorclán Uimh. 37/2016 ón Roinn Oideachais, nach dteastaíonn uaim go ndéanfaí aon sonraí a bhaineann le mo leanbh a aistriú chuig an mBunachar Sonraí ar Líne do Bhunscoileanna.

Go raibh maith agat as do chabhair i ndáil leis an ábhar seo.

Is mise le meas,

[D’AINM FÉIN]

POD complaint to go to the European Commission

There has been a pretty significant exchange of correspondence with the Data Protection Commissioner over the Primary Online Database since my last post.

The result is that I am copying all of the documentation to date and will be forwarding it to the European Commission as part of a complaint regarding Ireland’s failures to ensure that Article 8.3 of the Charter of Fundemental Rights and Article 28 of the Data Protection Directive are given force by the Irish State. I have notified the Attorney General’s legal agent, the Chief State Solicitor’s office, of this intention.

I attach a lightly redacted copy of the relevant recent letters from me and the Data Protection Commissioner’s agent.

(There was also a minor one of today where I point out that I had answered the questions raised regarding my daughter’s data in one of the emails of the 19th May acknowledged in the first paragraph of the DPC’s reply letter.)

This is a regrettable sequence.

1st Reply letter to DPC email of April 2016 copy_Redacted
2nd Letter re FOI docs sent to DPC PDF format _Redacted

Letter to Simon McGarr 01-06-2016_Redacted

 

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