Concerns have been raised about the use of the data of more than 350,000 children after post-primary schools provided students’ information to a private company that tracks academic performance.
More than 400 post-primary schools employ software called Athena Tracker, which uses students’ data to predict and monitor each individual’s capabilities, alerting teachers when they fall below their calculated potential.
The software by Athena Analytics employs machine learning technology, using students’ past exam results, academic performance metrics and other data to project grades that they are capable of achieving.
The practice has raised concerns over potential breaches of data protection rules. It came to light when a lawyer specialising in the General Data Protection Regulation (GDPR), Europe’s set of rules on data use, was shown their daughter’s calculated “benchmark” during a meeting with her teacher in Cork earlier this month.
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She was unaware that her daughter’s data had been shared with a third party for the purpose of tracking and predicting her academic performance, and issued correspondence to Cork ETB demanding the immediate suspension of the practice.
The lawyer, who also has a qualification in AI governance, asserted that the processing of personal data in this manner was unlawful under both GDPR and the EU Artificial Intelligence Act.
Cork ETB is responsible for 24 post-primary schools across the county. This week, it said data protection personnel were “actively working” with the school in question to “address the issue that has been raised”.
However, it denied that there had been a data protection breach, and said it was committed to ensuring that all necessary measures were in place to safeguard student information.
In the correspondence issued to Cork ETB, the lawyer outlined in detail how the sharing of students’ data by the school authority had allegedly breached relevant legislation, and set out its obligations as a data controller.
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The allegations relate to the handling of personal data by Cork ETB, and there is no suggestion of wrongdoing on the part of Athena Analytics. A spokesperson for the company said it processes data in line with GDPR and other legislation.
“Athena Analytics acts as a data processor, with schools remaining the data controllers and determining the lawful basis for processing student data,” the company said. “Data subjects retain their right to erasure, and any such requests are handled promptly.”
A spokesperson for the Department of Education and Youth said the responsibility for compliance with data protection legislation rests with each school board of management.
Darren O’Rourke, Sinn Féin’s spokesman on education and youth, welcomed the fact that Cork ETB was seeking to address the issue, but said this “cannot be the end of the matter”.
“Our young people’s privacy and rights must be upheld. This case highlights the urgent need for stronger regulation and oversight of AI and edtech in our schools. I will continue to pursue this.”
