Photos, videos & co.: Berlin Senate explains data protection in daycare centers

Parents and educators are often unsure: Is it okay to simply post footage of the daycare center's summer party online, document projects in words and pictures or use certain messenger and video conferencing services for communication? One thing is clear: Data protection plays an important role in the everyday life of daycare centers. Personal information about children is considered particularly sensitive in terms of the General Data Protection Regulation (GDPR). The Berlin Senate Education Department has published a digital guide for daycare centers together with the state data protection officer Meike Kamp in order to educate children about the topic in an internet-friendly way.

Explanatory texts and videos

The online tool is aimed at childcare professionals and providers as well as parents. It is intended to offer them practical support and create more transparency. At the heart of the offer are extensive FAQs on topics such as media recording and use as well as responsibilities, which specifically answer frequently asked questions on the topic. The Senate points out that the lists have been developed specifically for everyday educational use with the involvement of the capital's daycare centers. The focus is on making the information easy to understand. For example, there is a function to reproduce the question and answer in simple language. There are also explanatory videos.

On the use of digital media, for example, the guide states: "As soon as personal data of children, parents or employees is processed, data protection regulations must be observed." This is usually the responsibility of the daycare center or the . It should be checked in advance which information is processed for which purpose and on which legal basis. It should be noted: "It is safer to store data within the EU and in Germany than outside". It should also be clarified whether an order processing contract with the service provider is necessary. The parents of the children must also be informed.

Consistently protect children's rights

"In the case of young children, the parents decide whether photos, videos and audio recordings may be made", can be read elsewhere. The required consent must be voluntary and in writing and include the planned use, such as publication. Under no circumstances should the impression be given that a place in the daycare center depends on such consent. The facilities should have clear rules on sharing and potential publications. Recordings could be offered via password-protected areas on the daycare website, for example. Online services used must comply with data protection requirements.

"The multimedia guide helps daycare centers to competently implement data protection regulations and consistently protect children's rights," says Kamp. The service will be continuously developed and adapted to react flexibly to current developments. The Senate already published a printed brochure on data protection in daycare centers with a focus on media recordings in 2020. It is still available as a PDF.

There are also other guides on the topic online. According to one of these, it is permitted to collect data about a tetanus vaccination, contact with the family doctor or the child's illnesses without consent. Relevant brochures or FAQs are also available from the Baden-Württemberg Ministry of Education and Cultural Affairs and the Lower Saxony Data Protection Commissioner, among others.

(nie)