The Commission concluded that allowing only students’ parents or teachers, not students themselves, to open students’ personal information on the National Education Information System (NEIS) is in violation of a students’ right to review his or her own personal information under the Constitution and the right to request inspection and correction under the Act on the Protection of Personal Information Maintained by Public Agencies.
Thus, the Commission recommended that the Minister of Education, Science and Technology establish technological security system and expand material systems, such as client server system, so that students can open their information on NEIS. The Commission also recommended that the superintendent of education affairs in each province and city take measures to prevent the recurrence of similar cases not to violate students’ right of self-determination of their own personal information.
On January 10, 2008, the petitioner, Student A from High School A, made an appeal to the Commission on the basis that not allowing students to open their personal information on NEIS was in violation of the right to determine their own personal information.
Upon investigation, the Commission found that the Ministry of Education, Science and Technology has systematically collected, accumulated, utilized, and opened students’ personal information on NEIS regarding their academic performance record and medical information since the introduction of the system in September 2000. It has also provided service to students’ parents including school information, student information, and counseling for students’ parents since September 2006.
The Ministry of Education, Science and Technology explained that the information was provided only to parents after considering opinions from various fields and concluding that the service was not for students. It also explained that the reason why it had limited its service to parents was that the information provided was already well known to students. It added that to expand service to students, the administrators will have to consider implementing students’ identification and security system; The Ministry is in the process of establishing a long-term NEIS development plan.
Article 9, Paragraph 1 of the ‘Rules on the Management of Education Information System’ regulates that ‘in schools that use information systems, students and their legal representatives including parents are able to open students’ computerized information through connection to the information system.’ Paragraph 2 also regulates that ‘principals allow students to open their personal information after identifying themselves.’
However, upon the Commission's investigation, NEIS did not provide systems for students to open their personal information. Students’ information on NEIS is included under “personal information” according to Article 2, Paragraph 2 of the ‘Act on the Protection of Personal Information Maintained by Public Agencies’ because information on NEIS is extensive as it includes students’ private information such as their medical records and academic performance records. Thus, schools should protect personal information by guaranteeing students their right to inspection and correction. Also, the ‘Fundamental Act on Education’ and ‘Act on Education in Elementary/Middle/High Schools’ states that the subject of records must be allowed to use and control their own personal information. ‘Rules on the Management of Education Information System’ also supports students’ right to open their personal information.
Hence, the Commission confirmed that not allowing students to open their personal information on NEIS is in violation of human rights and recommended appropriate measures to relevant organizations.
