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Finally, the indication of the conduct on the students’ diplomas. The Authority for the Protection of Personal Data (APDPH) considered the relevant decision of the Ministry of Education illegal, which declares that it will comply. The ministry, on the other hand, blames the Authority for its decision. At the same time, with the signature of the Authority, the ministry will proceed with the organization of e-learning the next school year. The issue had been the subject of a tug of war between the ministry, on the one hand, and the educational federations and the opposition, on the other, while on the other hand it argued that it was illegal to transmit lessons directly from the classroom to students. However, the European Commission, in response to a question from SYRIZA MEPs, took a position similar to that of the Greek Ministry of Education.
In particular, in a recent announcement, the Ministry of Education comments on the decision of the Authority for the Protection of Personal Data, on three main issues: the live broadcast of school lessons, the indication of conduct in graduation and diplomas and the exemption religious.
According to the ministry, with its opinion 4/2020 (7/9/2020), the APDPH considered that modern distance education, as voted in art. 63 of Law 4686/2020, is fully compatible with the basic mission of the state for the provision of education and is not contrary to the legislation on personal data protection. He also considered that it is an adequate measure to maintain the teacher-student relationship and necessary in the midst of a health crisis, since the use of softer instruments, such as asynchronous distance education, cannot by nature have the same results ”.
The Authority also indicates that the “live broadcast” of the course occurs in exceptional circumstances, such as the pandemic, with the receipt of Safeguards and guarantees. Therefore, despite the complaints of the complainants to the contrary, the Authority considered that modern distance education is legal and that it is allowed in primary and secondary schools, provided that the conditions set forth in article 63 of the Constitution are met. Law 4686 /. 2020, in force after its modification on 08/10/2020 PNP ”, observes the Ministry of Education.
Regarding the indication of religion in the diplomas, the ministry states that the APDPX considered that the indication of the characterization of the conduct in the diplomas and in the secondary education certificates is not legal. This decision marks a change in the attitude of the Authority, given that in Decision 28/2019 of the same Authority, which was taken into account by the legislator and in article 5 of the recent law 4692/2020 on the indication of conduct in the qualifications, refers to word (para. 3, p. 16 of the reasoning): “religion has absolutely nothing to do with the performance of the student, nor with his conduct, which is also confirmed in the title.” Therefore, according to this prior decision of the Authority, both the indication of the action and the conduct can be distinguished from the indication of religion, for which the question of legality had been raised. The Ministry of Education will take into account the new position of the Authority and will position itself accordingly, on the occasion of the reform of the general framework of pedagogical measures.
Finally, with the same decision (32/2020 – 7.9.2020), the APDPX also considered that “for the exemption from the obligation to attend the Religious Studies course, it is enough to state that reasons of conscience do not allow the student to participate in the course of Religious Studies “. (ruling that the APDPH had also expressed in Decision 28/2019). According to the ministry, it is noted that the Ministry of Education has already modified a previous pertinent circular (23.1.2015) and has issued a new circular (10.8.2020), according to which, for the exemption of the Religious Studies course, a responsible statement is sufficient that warrant Religious conscience does not allow student to participate in that course. With this circular, the Ministry of Education fully complied with decision 1749/2019 of the Council of State, which determined the content of this responsible statement.
