IDB survey ‘a violation’
CHILD RIGHTS ADVOCATE Faith Marshall-Harris says the controversial Inter-American Development Bank (IDB) survey was a violation of a child’s right to privacy as articulated by the United Nations (UN) Convention of the Rights of the Child.
Marshall-Harris, who recently returned to Barbados from attending the 91st session of the UN Committee on the Rights of The child in Geneva, noted that the committee of independent child rights experts elected from around the globe, who oversee the implementation of the convention, has repeatedly pointed out that children’s rights to privacy are to be protected, respected and fulfilled, particularly during adolescence.
“The right to privacy takes on increasing significance during adolescence. The committee has repeatedly raised concerns about violations of privacy in respect of, for example, correspondence and other communications.
“It has consistently recommended that states should also take all appropriate measures to strengthen and ensure respect for the confidentiality of data and the privacy of adolescents consistent with their evolving capacities.”
Vigilance
She added that the committee had always emphasised the need for vigilance given the significant use in the range and incidence of privacy concerns related to the increase in mass collection of personal data and multiplication of platforms for sharing of such data.
“The committee consistently recommends that state parties should review their procedures regarding the collection and processing of children’s personal data and correspondence to ensure they respect children’s rights to privacy, including in governmental decision-making.”
Marshall-Harris explained that the right to privacy included the right to refuse to divulge personal or intimate details, as well as the right to be protected from public disclosure of embarrassing facts. She stressed that even with parental consent, one may still violate a child’s right to privacy.
“From all accounts the IDB ‘test’ or ‘survey’ was a threat to these children’s right to privacy by way of dubious data collection and processing by a public institution which had the authority to require their compliance.
“It may also have violated our own Data Collection Act (2019). Since the test or survey was mandatory as required by the authorities and signed with the child’s name, ethnicity and gender, this also violated a child’s right to not participate, or express a view. When children do choose to share opinions, views and deeply personal information, they are entitled to a reasonable expectation of privacy, which should be guaranteed. No such guarantee seems to have been given in this instance.”
Science project
The survey, which was part of an IDB computer science project, was administered to 733 first formers at five secondary schools – St George Secondary School, Queen’s College, Princess Margaret Secondary, Graydon Sealy Secondary and Coleridge and Parry – but was deemed by parents to contain personal and invasive questions.
The ministry has since apologised and announced that the survey would be discontinued.
Marshall-Harris, who also sat as a magistrate in the Juvenile Court, said the children appeared to have been “ambushed by very personal questions interspersed between legitimate computer science questions”.
She said: “I have spent some time researching whether there have been similar developments anywhere in the world. So far I have not found any fully comparable developments.”
“The burning question is, why were Barbadian children treated differently. Was it because similar surveys were conducted in 2021, 2022 and without any complaint or protest?” Marshall-Harris asked.
She pointed out that the questions posed were neither age appropriate or culturally appropriate.
“Our 11-year-olds are products of a Bajan culture which may be ultra-conservative to some, but it is where they are and how their parents and their community have raised them. In this regard, the United Nations Committee on the Rights of the Child pledges to respect cultural norms which uplift children unless they lead to harmful practices and abuse of children.”
As to the Ministry of Education, she stated: “It appears that the Ministry of Education officials themselves found the questions to be inappropriate and asked for them to be withdrawn. The tragedy is that they failed to do the necessary follow-up to ensure their exclusion.”
Marshall-Harris however said the situation could lead to a teachable moment regarding children’s rights as well as parental rights.
(MB)
recently. (FP)
