Karnataka schools urged to curb use of student data in ads

In this technology-driven era, educational institutions are increasingly using social media platforms to publicise their achievements using their students’ photographs, mark sheets, and personal information without even bothering to obtain the latter’s or their parents’ consent.

Against this backdrop, former member of the Karnataka State Commission for Protection of Child Rights, Dr Tippeswamy KT, has written to the Department of School Education and Literacy, urging it to issue clear guidelines to safeguard students’ privacy and mental wellbeing.

Infringement of child rights

Educational institutions are freely using students’ personal information for advertising and branding on banners and platforms such as Facebook, Instagram and YouTube. This is not merely a legal violation, but also an infringement of children’s right to privacy.

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The letter points out that institutions often compare a student’s past academic performance with present results and publish claims suggesting that a student improved only after joining their institution. Such practices, it says, damage a child’s self-esteem and expose them to mental stress, embarrassment and social humiliation.

Legal framework

The letter stresses the need to protect students’ personal information. Right to privacy is recognised as a fundamental right under Article 21 of the Constitution (linked to the Right to Life and Personal Liberty). The Digital Personal Data Protection Act, 2023, prohibits the processing of personal data without the consent of the individual and mandates explicit parental consent in the case of children. The Juvenile Justice Act, 2015, also safeguards children by preventing disclosure of their identity.

According to Section 4 of the Digital Personal Data Protection Act, personal information can be processed only for lawful purposes and with the consent of the individual concerned. Section 9 further states that special responsibility must be exercised while handling children’s personal data, and verified parental consent must be obtained. The law also underlines that data usage that harms children’s interests, causes psychological stress or has exploitative characteristics must be prevented.

Institutional duty

The letter argues that educational institutions need to rethink their marketing strategies. Instead of turning students’ achievements into commercial tools, schools and colleges must adopt policies that respect students’ rights. Every institution should ensure that parents provide explicit written consent before any advertisement or promotional campaign is released.

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It also calls for a ban on using students’ personal information for commercial purposes. Treating students merely as score-producing instruments in academic competition, the letter notes, can seriously affect their mental health. Public comparison of marks or personal circumstances may lead to emotional setbacks among children.

Call for action

Speaking to The Federal Karnataka, Dr KT Thippeswamy said the government must treat the matter seriously and issue a strict circular to all schools across the state. He also called for penalties and disciplinary action against institutions violating such rules.

He further said awareness programmes should be organised for school managements on the issue and that protection of students’ data must become an integral part of the education system rather than being viewed merely as an administrative responsibility.

(This article was originally published in The Federal Karnataka.)