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“Data security scandal” – in this way, Zoltán Rozgonyi, the director of the Association for the Knowledge of Languages, characterizes the duke’s loop around the new Adult Education Law. Although the new legislation will take effect from January 1, 2020, it is still difficult to keep track of exactly who and what activities are covered by the regulation. Just one day before the entry into force of the requirements, on August 31, the Ministry of Innovation and Technology published its resolution and a glossary of what constitutes training as of September and what does not. In short, training is what develops competence in an organized and purposeful manner, no matter what.
An important change is that the training must be notified or authorized in the Metropolitan Government Office, according to the law that applies to that course. As of September 1, this is the only way to take classes. The law also requires those undergoing any type of training to register in the Adult Education Reporting System. This page will be available to adult educators starting July 1.
So far, thousands have. But this has made sensitive data available to anyone who is self-employed, executives or persons authorized to represent a company or experts. “The personal data of the trainers are already on the site, they are public, anyone can retrieve them, just enter the name,” a language teacher complains to hvg.hu who asked us not to write down his name. He says he doesn’t understand why so much information is needed to identify a coach. According to the law, an instructor must provide the details of her company:
- your mother’s name
- place and date of birth,
- your adress,
- his phone number,
- Your e-mail.
Once you have uploaded this information to the online registration interface, your completed registration form will be public. This is the problem.
However, there is another clause in the legislation. Not only the data of the instructors should be recorded, but also the data of the students; it’s true, at least not in public. The law does not set an age limit, so the obligation to provide data applies to all age groups participating in the training, including minor students. “I just don’t understand why I would have to give my 9-year-old’s private teacher my son’s address, mother’s name, birth details, tax identification number, TAJ number, and mailing address. electronic so we can take a special class from him for money, “says a parent.
The law now stipulates that only students whose teaching is taught after September 1 by a private teacher are required to enter the system. Anyone who has been in a profession for a long time does not need to report it. To register, trainers must log in through a customer gateway and retain the data for eight years.
Thank you very much no
– The language teacher emerges, who has not yet enrolled any of his students, as he says, he has escaped, he only has students who have been with him for a long time. “The father will take me out if something goes wrong if his son’s data is leaked because he gave it to me,” he argues.
We spoke to a mother who said she would definitely not reveal her son’s details, “then we will teach each other.” If a parent does not provide their child’s data, the private teacher will not be able to take care of them, otherwise, they will be sanctioned. According to the language teachers, many of them find themselves in a situation of coercion, leaving students and without work for not being able to fulfill their legal obligations.
A private teacher who does not report training and does not register in the reporting system can expect to be fined several times the current minimum wage. But registration already costs money: so far he has had to pay 3 thousand florins for it, but since the end of August five times, 15 thousand.
Many prefer not to teach
At present, some 10,000 private teachers work as entrepreneurs in Hungary, a significant part of which is dedicated to language teaching. The number of people who teach some type of hobby activity is around 1000, but according to the new adult education law, what they do is considered education or training. And there are at least half a thousand larger language school providers. “Everyone is seriously affected by the regulation,” concludes Zoltán Rozgonyi. It considers that the obligation to process this type of sensitive personal data is disproportionate to the purpose of the treatment and allows a series of abuses. “Neither training institutions nor private tutors, who are mostly self-employed, have the appropriate IT knowledge and tools to safely handle such a large and sensitive amount of personal data,” he says, adding that hundreds of private teachers are returning their licenses or suspended due to the new law. Your activities.
Personally, I have received more than a dozen indications that language teachers are suspending their activities, some have already returned their business license.
The teachers justify the move on the grounds that they cannot work under current conditions, so they will suspend their activity until the law changes.
Zoltán Rozgonyi says it is impossible to estimate how many of them “will work in their pockets at the kitchen table without giving an invoice.” He sees that among private teachers, those who otherwise have a full-time job, typically quit or pause teaching, and “it was an additional job.”
However, there will be those who will probably have to look for another job. The association leader cited as examples individual entrepreneurs who provide services online, as well as smaller language teaching institutions, which have to advertise, they cannot work out of their pockets. “They are in a difficult situation because they have built their existence through work, in a very fierce competitive situation,” explains Rozgonyi, who advises all her colleagues to bill for tutorials or similar, since they are not protected by law and not they need to be reported.
From now on, my product package will change for me, I will give private lessons and speak like a club.
Notes from the language teacher.
But it’s not that simple. “It can be a problem if the same teacher works in a language school, then he does an adult education activity, then he has to register and at that time it is in view of the authority,” adds Rozgonyi, whose association now runs to the Office of the Commissioner for Fundamental Rights. Data protection review of the National Authority for Data Protection and Freedom of Information of the Adult Education Law.
The office doesn’t understand either
According to the example published by the Ministry, as of September 1, 2020, in addition to tutoring, it does not count as training
- a workout,
- consultant,
- the consultation,
- developing,
- private language lessons that do not have a specific purpose or time period,
- The conference,
- the presentation of the product,
- accounts,
- chess Club,
- the professional circle,
- personal training,
- the dance club,
- experience painting,
- the session.
In these cases, the training leader does not need to register or provide data.
We also contacted the Ministry of Innovation and Technology and the Data Protection Authority to find out:
- why it was necessary to modify the law,
- Are they not afraid that the proportion of hours given in black will increase?
- why student data needs to be collected in such detail,
- who sees the data and what it is used for,
- who and how checks that teachers are working correctly,
- if the legislation is valid from the point of view of data protection,
- What rights does the private guardian have, you can ask for the documents to be verified, for example.
We have not yet received a response from the ministry. The office headed by Attila Péterfalvi told our editorial office that it had commented on the legislation in April. According to the resolution, in the case of data provided by law
It is not entirely clear what the purpose of these data processing is.
The Office also draws attention to the fact that “the clause according to which consent shall be deemed to have been granted if the person concerned has not previously refused in writing to do so is inappropriate”. The consent for data management must be explicit and can be revoked at any time – points out Attila Péterfalvi.
Research is needed for statistical purposes
The government promises to have another, more detailed guide than before. Kormany.hu states that “in order to facilitate a smooth transition to the new adult education system, the Ministry of Innovation and Technology will make a detailed guide available to stakeholders in the education system in the first half of September.”
With regard to the provision of data, the resolution also states that they want to improve the measurability of adult education, lay the foundations for a career monitoring system and therefore “trainers must provide data on training”. They also highlight that “the old fragmented reporting system has been replaced by a fully digital single-channel system in which the registration of a training takes no more than a few minutes.”
It would also make sense, according to the Association for Language Knowledge, to do in-depth analysis of student life trajectories if this is the basis for regulation or funding. An investigation for statistical purposes would have a reason to be, according to the director of the association. “But here I think the drug was passed to the midwives around the legislation, and they did not realize that it was a total impossibility, that it was prescribed,” adds Zoltán Rozgonyi.
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