The new Legal Notice, that is set to replace the highly controversial Legal Notice 76, will still be used to identify and help students in need but the Education Minister will not be the data controller. In comments to The Malta Independent this morning, Education Minister Evarist Bartolo said “we will not be going to pre-LN76 times because we always needed a new Legal Notice to help our students.”
Mr Bartolo said, however the replacement LN will contain many changes and he has no problem in handing a copy to the media before it is published. This will be done after certain issued were “clarified.”
Legal Notice 76 led to a big controversy because it gave the Minister the authority to request personal student data. Many groups, including parents and the University Students Council (KSU) expressed serious reservations whilst the Opposition described it as being a threat to student dignity and privacy. The Education Ministry always claimed that it had genuine intentions and the Legal Notice was not in any way intended to spy on students. Following a letter signed by 2,000 parents to the Data Protection Commissioner, Minister Bartolo had suspended the LN until a specially appointed working group reviewed it. It was announced yesterday that LN76 will be completely replaced by a new Legal Notice.
Speaking at a press event on Campus, Mr Bartolo said it had been clear from the start that something needed to be done to help students improve their performance. “We are not going back to pre-LN76 times. The original aim will still be achieved but I will not be the data controller. And all the safeguards have been put in place. There is consensus on the new LN because all of the working group members have endorsed it.”
Mr Bartolo said the government will publish two documents; the Legal Notice itself and a document to regulate and ensure that all the guidelines and safeguards are in place.
The Education Minister said he had stated, right from the start that he had no difficulty in sorting out the controversial aspects of the Legal Notice, as long as its aims were reached. “I never intended to be the data controller. Even on practical terms, the Minister cannot go into this kind of thing.” As such, he does not agree with the PN’s claim that it had been proved right by the latest developments. “Certain groups had pointed out to us before the Opposition that there were some shortcomings and we set out to sort things out from the beginning.”
Mr Bartolo blamed the Office of the Data Commissioner, which had advised him on the Legal Notice only for the shortcomings to be pointed out later on. He said email correspondence showed that the office had given its go-ahead. “I would have preferred coming up with the second LN in the first place, but we were given a green light by the Data Commissioner’s office.”
The Education Minister also replied to claims by the KSU that it was not involved in the working group. “We only involved entities that are data controllers, including the relevant offices at the University, MCAST and ITS. KSU is not a data controller. That is why it was not involved in the talks, but I have no problem in showing KSU a copy of the Legal Notice before it is published.”