GDPR and Sharing of Data with Parents Guardians for students over the age of Maturity (18yrs of Age)

With the introduction of the General Data Protection Regulations (GDPR), since 25 May 2018, Gaelcholáiste Luimnigh was required to review the legal basis upon which it processes student data as part of the LCETB Data Policy. The full text of this policy is available at lcetb.com.

Gaelcholáiste Luimnigh processes student data pursuant to section 22(2)(b) of the Education Act 1998, which requires Principals and teachers to “regularly evaluate students and periodically report the results of the evaluation to the students and their parents.” However, of particular significance in the context of data protection is section 9(g) of that Act which requires that a school use its resources to “ensure that parents of a student, or in the case of a student who has reached the age of 18 years, the student, have access in the prescribed manner to records kept by that school relating to the progress of that student in his or her education.” 

This means that the school’s legal basis for communicating student data with parents ends when the student attains the age of majority (eighteen years).


Letter to parents here/students over 18 Years of Age

Dear Parent/Guardian

On foot of the introduction of the new General Data Protection Regulations (GDPR), the aforementioned school has reviewed the legal basis upon which it processes student data as part of the Limerick and Clare Education and Training Board Data Protection Policy. The full text of this policy is available at http://www.lcetb.ie

One of the bases upon which our school processes student data is pursuant to section 22(2)(b) of the Education Act 1998, which requires Principals and teachers to “regularly evaluate students and periodically report the results of the evaluation to the students and their parents”. However, of particular significance in the context of data protection is section 9(g) of that Act which requires that a school use its resources to “ensure that parents of a student, or in the case of a student who has reached the age of 18 years, the student, have access in the prescribed manner to records kept by that school relating to the progress of that student in his or her education”. Essentially, this means that the school’s legal basis for communicating student data with parents ends when the student attains the age of majority (eighteen years).

Owing to the above, I am writing to inform you that if your son/daughter reaches the age of eighteen years whilst still a registered student in this school, then we are legally obliged to share their personal data with him/her only. We understand and appreciate that this may cause a level of apprehension and some difficulties in the use of, and signing in to, VSware, but, as I am sure you understand, our school is obliged to comply with legislation.

However, if there is any concern regarding the vital interests of your son/daughter, e.g. health or behavioural concerns which are viewed to negatively affect their well-being, or if the information is in the public interest, then, under the legislation, school authorities have a legal basis for communicating such information to parents/guardians of adult students.

There is also an option for adult students to request that our school communicate with their adult nominated person(s) regarding personal data held about them by the school. This would allow the school to continue to communicate with parents where they are nominated, and also allow parents to continue to log in to VSware for student progress and to manage payments etc. In this regard, we have prepared a form for adult students to make such a request and this form is enclosed herewith. We would ask that if your son/daughter chooses to complete this form, that s/he return it to the school/centre administration office and if s/he chooses to nominate you then we will continue to update you with all of his/her educational progress within the school and you will continue to have access to VSware.

Yours sincerely

Kevin Ó Raghallaigh
School Principal



Nomination Form

Nomination Form for students aged 18 Years of Age to nominate their parent/guardian to have access to their data – Click Here