DPC limit-data demand ‘could hamstring schools’
The Data Protection Commission (DPC) has issued guidance to schools in relation to the processing of personal data at enrolment stage.
The guidance expresses concern that some schools collect too much information at this stage.
Valid concerns
However, while the intention to protect privacy is important, many schools may have valid concerns, writes MHC education partner Catherine Kelly (pictured).
Education law, including the requires schools to make timely and appropriate provision for children with additional needs.
Parents formally apply for a school place by completing an admission form, and the admission of a child is governed by section 62 of the
Section 62 requires every school to publish an admission policy and to apply that policy fairly and consistently.
In practice, the information sought on admission forms is generally confined to the basic details that are relevant and proportionate to the enrolment and planning process, such as the child’s name, date of birth, address, parent/guardian contact details, and, where appropriate, information on siblings attending the school.
From our experience, admission forms do not typically seek extraneous or unnecessary information but are limited to what is required to properly administer enrolment.
Order of priority
For example, where information in relation to a child’s religion is required, this might be necessary to determine the order of priority of students to be admitted where that school has a specific religious ethos and the school is oversubscribed.
Overly restrictive rules on data collection could hinder a principal’s ability to plan effectively.
Given that schools have legal and ethical duties to meet the needs of all pupils, particularly those with special educational needs, planning is crucial.
Restricting admission-data collection may have the effect of delaying applications for additional supports (such as special-needs assistants, or assistive technology).
Timely data allows schools to act early, ensuring that every child starts school with the necessary supports in place.
Without this information, schools risk being unprepared at the start of the year, especially in smaller or under-resourced settings.
The DPC’s guidance does not clearly set out what, in its view, amounts to “too much” data being collected by schools.
This lack of clarity creates difficulty for school leaders, who must balance their legal obligations under data-protection law with their duties under education law.
For example, where a school has been designated by the Minister for Education as a special school, or where a mainstream school operates a special class catering for a specific additional educational need, parents/guardians are required to provide professional reports.
These include psychological assessments, speech and language therapy reports, occupational therapy reports, or other multidisciplinary assessments.
The purpose of these reports is not administrative convenience. They are essential to determine whether a child qualifies for placement in the special school or special class.
Practical planning
Without them, a school cannot lawfully or practically confirm eligibility or plan for the appropriate supports.
This requirement is not discretionary, it arises directly from Circular 39/2025 issued by the Minister for Education, which directs schools to obtain such documentation as part of the admissions process to special provision.
In addition, schools are also required to collect information on the ethnic background of students in certain circumstances.
This is because specific grants and supports are available to schools based on pupil profiles, with the aim of ensuring equality of access and opportunity.
For example, where a pupil is a member of the Traveller community, the school may receive targeted funding, which is then used to provide additional resources and supports for that child.
In this way, the collection of such data is not only lawful but necessary to allow schools to apply for and properly administer state supports.
Penalise schools
A “one-size-fits-all” restriction may penalise schools that are acting in good faith, and which only seek to meet their obligations and prepare appropriately.
In this context, it is difficult to see how a school could be criticised for “collecting too much data” where it is acting in line with its statutory duties.
On the contrary, the absence of this information at the admissions stage would leave schools unable to comply with their obligations to provide appropriate education to pupils with special educational needs and could ultimately disadvantage those pupils.
To assist schools in understanding how they can comply with data-privacy rules while still meeting pupil needs, the DPC could consider offering practical training and templates.