Moved by
Baroness Kidron
146: After Clause 35, insert the following new Clause—
“Code of practice on EdTech
(1) The Commissioner must prepare a code of practice in consultation with the Department for Education and in accordance with sections 33 and 34 of this Act which contains such guidance as the Commissioner considers appropriate on the processing of children's data by providers of EdTech services and products.
(2) In addition, in preparing a code or amendments under this section, the Commissioner must—
(a) have regard to—
(i) children’s interests and fundamental rights and freedoms as set out in the United Nations Convention on the Rights of the Child and General Comment 25 on Children’s Rights in relation to the Digital Environment, and
(ii) the fact that children are entitled to a higher standard of protection than adults with regard to their personal data as established in the 2018 Act;
(b) consult with—
(i) children,
(ii) educators,
(iii) parents,
(iv) EdTech providers, and
(v) persons who appear to the Commissioner to represent the interests of children.
(3) EdTech Controllers or processors providing services or products to schools must comply with any such code and provide information on compliance to schools as part of the school’s procurement procedures.
(4) Demonstrated adherence by an EdTech provider to the EdTech Code of Practice may be used by a school as a means of demonstrating compliance with their obligations as a data controller.
(5) The Commissioner must prepare a report, in consultation with the EdTech industry, on the steps required to develop a certification scheme under Article 42 of the UK GDPR, to enable the industry to demonstrate the compliance of EdTech services and products with the UK GDPR, and conformity with the Age Appropriate Design Code of Practice and the EdTech Code of Practice.
(6) In this section—
“EdTech” means a service or product that digitise education functions including administration and management information systems, learning and assessment and safeguarding. They include services or products used within school settings and at home on the recommendation, advice or instruction of a school;
“school” means a school that falls within the definition of school in section 14, 15 or 16 of Part 4 of Schedule 3 of the 2018 Act.”
Member’s explanatory statement
This amendment proposes a statutory Code of Practice to provide guidance to companies that provide EdTech services and products. It aims to ensure that such companies meet their legal obligations under existing data protection law, protect children and empower schools.