Digital, school and law

The responsibility of the principal, the principal, the teachers is a complex issue that deserves to be informed, if not educated (we know how difficult it is to deal with the evolution of laws). In the field of digital education, it has often been noted that the law, the law, was, if not ignored, then neglected…

Ministerial release

Two examples illustrate my point: on the one hand, the lack of response to my appeal to all DPOs (Data Protection Officers), rectors and local or national actors in relation to the very large absence of a data processing register provided in schools, while the law is clearly recalled by the CNIL. On the other hand, the “poverty” of legal guide from the headteacher of which the last update dates from May 2020 and of which some of the announced magazines are absent or old. For example, it is announced that the sheet entitled “Creation and management of the processing of personal data” will be updated in October 2009. A careful reading of the sheet leaves a strange impression: what about the 2018 law implementing the GDPR? Always in the same line, we can only smile (or cry) while holding the . to consult school internet legal guide (quickly found after a simple search on a consumer motorcycle) which seems to date from 2003.

In short, a strange release that may question the state of the services of the “Central” of National Education, in particular as regards updating public sites on the one hand, but also as regards archiving (how many documents ever present on the official web has disappeared and become inaccessible). For teachers, one may also wonder when from a search on a search engine the first answer is: Legal guide for teachers, 2nd edition – updated in 2007 – published by CANOPE… A book entitled: “The responsibility of the teacher: the school’s legal guide” is available to order and dates from 2009. Of course we can refer to the reading of the Education Code which contains all the elements of framing necessary for the school practice …. But immerse yourself in it for a few moments and you’ll soon be looking for something more instantly accessible. By going to the website of the IH2EF (this institution that is supposed to train executives), we encounter the same difficulties in accessing resources that are normally accessible in the legal field, even if it is one of the government sites. most up-to-date in training.

And on the part of the students?

To go further, we must ask ourselves how the institutions support their actors and their employees in taking the law into account. For example, the Department of Legal Affairs of the Ministry has a very poor presentation on the website of the Ministry, while the same department regularly Information letter which precisely updates the legal data that can be useful to the actors. But addressing the staff to their needs seems to be work yet to be done. And a modified presentation would certainly be welcome…especially at a time when lively questions arise. Difficult situations are often reported in the media highlighting the difficulties of a hierarchy facing certain cases. It sometimes happens in court.

If the demand on the part of teachers and staff is lively, it is no less so for the students. We can say that resources exist as evidenced by this document (dated 2021) available on the site of the defender of rights entitled: “Education of children and young people in the law (and), Law Education Manual. This text proposes four “educational objectives”: “Knowing your rights in the field of personal data protection, Understanding Cyberbullying and the means to prevent and punish it, Identifying Dangerous Content (false information, violent images, etc.) , The concept of copyrights”. It can be noted that this document has the advantage of providing the same content to all stakeholders in education and mainly focuses on legal knowledge, where digital is only a part and the latter in a less chronological sense.

Unfortunately, the law, its knowledge, and its understanding remain poor relatives of our education. Digital only discloses points that have been around for a long time, such as harassment, data protection, questionable content or copyright. The relationship most of us have with the legal field remains very flexible. The “little incivilities of everyday life” are revealing. The Internet and the possibility of a more or less real anonymity seem to reveal our inconsistency, especially in our expressions, and sometimes even our irresponsibility. The documents we consulted show us the complexity of this area, but also its importance. Also, any teacher can be made to think about these questions beyond mere superficial remarks (the GDPR is more often an agreed-upon discourse than an actual legal process). We also hope that for the eyes of the students, the understanding of the legal field is not limited to prohibitions, laws and sanctions, but is indeed one of the structural elements of the skeleton of our society…

Bruno Devauchelle

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