Article 154 PDPA

In the Act of 14 December 2016 Education Law (OJ L 996, 2018. p. 996), after Article 108, the following Article 108a is added:

„Art. 108a.

1. If it is necessary to ensure the safety of students and employees or the protection of property, the head of the school or institution, in agreement with the authority in charge of the school or institution and after consultation with the pedagogical council, parents' council and student self-government, may introduce special surveillance of the premises of the school or institution or the area around the school or institution in the form of technical means allowing the recording of images (monitoring).

2. Monitoring should not be a means of supervising the quality of work performed by employees of a school or facility.

3. Monitoring does not include rooms where teaching, educational and caring activities take place, rooms where psychological and pedagogical assistance is provided to students, rooms intended for rest and recreation of employees, sanitary and hygienic rooms, health prevention office, locker rooms and changing rooms, unless the use of monitoring in these rooms is necessary due to the existing threat to the realization of the purpose specified in paragraph 1. 1 and will not violate the dignity and other personal rights of students, employees and other persons, in particular, techniques will be used to prevent the recognition of the persons present in these premises.

4. Image recordings containing personal data of students, employees and other persons who can be identified as a result of the recordings shall be processed by the school or institution only for the purposes for which they were collected, and shall be kept for a period of no more than 3 months from the date of the recording.

5. After the expiration of the period referred to in paragraph 4, the image recordings obtained as a result of the monitoring, containing personal data of students, employees and other persons who can be identified as a result of the recordings, shall be destroyed, unless otherwise specified in separate provisions.

6. The head of the school or facility shall inform the students and employees of the school or facility about the introduction of monitoring, in the manner adopted in the school or facility, no later than 14 days before the start of monitoring.

7. The head of the school or institution shall inform the person in writing about the use of monitoring before allowing him to perform his duties.

8. If monitoring is introduced, the director of the school or institution shall mark the premises and the monitored area visibly and legibly, with appropriate signs or audio announcements, no later than the day before the monitoring is launched.

9. The head of the school or institution shall agree with the authority in charge of the school or institution on appropriate technical and organizational measures to protect the stored image recordings and the personal data of students, employees and other identifiable persons obtained as a result of the recordings."