The Impact of the General Data Protection Regulation on Human Resources Management in Schools

Authors: Alexandra Aslanidou

Abstract:

The General Data Protection Regulation (GDPR), concerning the protection of natural persons within the European Union with regard to the processing of personal data and on the free movement of such data, became applicable in the European Union (EU) on 25 May 2018 and transformed the way personal data were being treated under the Data Protection Directive (DPD) regime, generating sweeping organizational changes to both public sector and business. A social practice that is considerably influenced in the way of its day-to-day operations is Human Resource (HR) management, for which the importance of GDPR cannot be underestimated. That is because HR processes personal data coming in all shapes and sizes from many different systems and sources. The significance of the proper functioning of an HR department, specifically in human-centered, service-oriented environments such as the education field, is decisive due to the fact that HR operations in schools, conducted effectively, determine the quality of the provided services and consequently have a considerable impact on the success of the educational system. The purpose of this paper is to analyze the decisive role that GDPR plays in HR departments that operate in schools and in order to practically evaluate the aftermath of the Regulation during the first months of its applicability; a comparative use cases analysis in five highly dynamic schools, across three EU Member States, was attempted.

Keywords: General data protection regulation, human resource management, educational system.

References:

[1] Solon, O. (2019). New Europe law makes it easy to find out what your boss has said about you. (online) the Guardian. Available at: https://www.theguardian.com/technology/2018/apr/23/europe-gdpr-data-law-employer-employee (Accessed 14 Jun. 2019).
[2] ECtHR 5 September 2017 (Barbulescu), Application no. 61496/08, Privacy. (2017). European Employment Law Cases, 2(4), pp.242-244.
[3] Data, Data Everywhere. (2010). The Economist, pp.1-13.
[4] Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data OJ L 281, 23.11.1995, p. 31–50
[5] Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) OJ L 119, 4.5.2016, p. 1–88
[6] Lynskey, 0. (2015). The foundations of EU data protection law. 1st edition Oxford University Press London.
[7] Warren, S. and Brandeis, L. (1890). The Right to Privacy. Harvard Law Review, 4(5), p.193.
[8] The Convention for the Protection of Human Rights and Fundamental Freedoms, better known as the European Convention on Human Rights, was opened for signature in Rome on 4 November 1950 and came into force in 1953.
[9] Craig, P. and de Burca, G. (2011). EU Law: Text,Cases, and Materials. Oxford Univ. Press 5th ed, pp.105-06.
[10] de Hert, P. and Papakonstantinou, V. (2016). The new General Data Protection Regulation: Still a sound system for the protection of individuals?. Computer Law & Security Review, 32(2), pp.179-194.
[11] Cf. the definition of consent in recital 32 GDPR and article 4 (11) GDPR.
[12] Becker, B. and Gerhart, B. 'The impact of human resource management on organizational performance and prospects.' (1996). 779 Academy of Management Journal, 39(4)
[13] Cabrera, Elizabeth F., and Angel Cabrera. "Strategic Human Resource Evaluation." Human Resource Planning 26.1 (2003).
[14] Barney, J. and Wright, P. (1998). On becoming a strategic partner: The role of human resources in gaining competitive advantage. Human Resource Management, 37(1), pp.31-46.
[15] Smallbusiness.chron.com. (2019). Six Main Functions of a Human Resource Department. (online) Available at: http://smallbusiness.chron.com/six-main-functions-human-resource-department-60693.html (Accessed 14 Jun. 2019).
[16] www2.deloitte.com. (2016). Global human capital trends. (online) Available at: https://www2.deloitte.com/content/dam/Deloitte/global/Documents/HumanCapital/gx-dup-global-human-capital-trends-2016.pdf (Accessed 14 Jun. 2019).
[17] Ec.europa.eu. (2019). ARTICLE29 Newsroom - Guidelines on Consent under Regulation 2016/679 (wp259rev.01) - European Commission. (online) Available at: https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=623051 (Accessed 14 Jun. 2019).
[18] Ec.europa.eu. (2019). ARTICLE29 Newsroom - Guidelines on Personal data breach notification under Regulation 2016/679 (wp250rev.01) - European Commission. (online) Available at: https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612052 (Accessed 14 Jun. 2019).
[19] Ec.europa.eu. (2019). ARTICLE29 Newsroom - Guidelines on Data Protection Impact Assessment (DPIA) (wp248rev.01) - European Commission. (online) Available at: https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=611236 (Accessed 14 Jun. 2019).
[20] Ec.europa.eu. (2019). ARTICLE29 Newsroom - Guidelines on Data Protection Officers ('DPOs') (wp243rev.01) - European Commission. (online) Available at: https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612048 (Accessed 14 Jun. 2019).
[21] Boxall PJ Purcell, Strategy And Human Resource Management (Basingstoke: Palgrave MacMillan 2003)
[22] Combs J and others, 'How much do high-performance work practices matter? A meta-analysis of their effects on organizational performance’ (2006) 59 Personnel Psychology
[23] Vekeman E, G DevosM Tuytens, 'The Influence Of Teachers’ Expectations On Principals’ Implementation Of A New Teacher Evaluation Policy In Flemish Secondary Education' (2014) 27 Educational Assessment, Evaluation and Accountability.
[24] Runhaar P, 'How Can Schools And Teachers Benefit From Human Resources Management? Conceptualising HRM From Content And Process Perspectives' (2016) 45 Educational Management Administration & Leadership
[25] DeArmond MM, Shaw KL and Wright PM 'Zooming in and zooming out: Rethinking school district human resource management' (2009) In: Goldhaber D and Hannaway J (eds) Creating a New Teaching Profession. Washington, DC: The Urban Institute, pp.53–80.
[26] Rivkin S, E HanushekJ Kain, 'Teachers, Schools, And Academic Achievement' (2005) 73 Econometrica
[27] (Actedu.in, 2019) accessed 14 June 2019
[28] Omebe, A.. 'Human resource management in education: issues and challenges' (2014) 26 British Journal of Education, 2(7),.
[29] (Eur-lex.europa.eu, 2019) accessed 14 June 2019
[30] ARTICLE29 Newsroom - Opinion 2/2017 On Data Processing At Work - Wp249 - European Commission' (Ec.europa.eu, 2019) accessed 14 June 2019
[31] See also Article 29 Working Party (2001), Opinion 8/2001 on the processing of personal data in the employment context, WP 48, Brussels, 13 September 2001; Article 29 Working Party (2005), Working document on a common interpretation of Article 26 (1) of Directive 95/46/EC of 24 October 1995, WP 114, Brussels, 25 November 2005; Article 29 Working Party (2017), Opinion 2/2017 on data processing at work, WP 249, Brussels, 8 June 2017.
[32] Article 29 Working Party (2005), Working document on a common interpretation of Article 26(1) of Directive 95/46/EC of 24 October 1995, WP 114, Brussels, 25 November 2005.
[33] Mansfield-Devine S, 'Meeting The Needs Of GDPR With Encryption' (2017) 2017 Computer Fraud & Security
[34] 'EUR-Lex - 31995L0046 - EN' (Eur-lex.europa.eu, 2019) accessed 14 June 2019
[35] Ismail N, 'The Right To Be Forgotten: 75% Of Employees Likely To Exercise GDPR Rights' (Information Age, 2019) accessed 14 June 2019
[36] 'The Right To Erasure Or Right To Be Forgotten Under The GDPR Explained' (i-SCOOP, 2019) accessed 14 June 2019
[37] Tikkinen-Piri C, A RohunenJ Markkula, 'EU General Data Protection Regulation: Changes And Implications For Personal Data Collecting Companies' (2018) 34 Computer Law & Security Review
[38] (vub.ac.be,2019) accessed 14 June 2019