Chamber and committees

The term screen use covers a wide range of activities with varying levels of educational value. In schools, digital activity is typically planned, structured and directly linked to learning objectives, and is therefore not directly comparable to recreational or passive screen use outside the classroom. The Parent Club guidance reflects this noting, what they’re watching or doing is just as important as counting the number of minutes.

The Scottish Government would expect content and activities available on school managed devices to be carefully curated by local authorities to support learning and teaching. Devices should be appropriately secured, filtered and monitored, with access to inappropriate or non-educational content restricted, providing pupils with an age appropriate and supervised digital environment.

Digital technologies are one tool among many available to support learning. Teachers are trusted to exercise their professional judgement in deciding when digital approaches add pedagogical ,inclusive or practical value, and when other approaches are more appropriate, as they do with any learning resource.

It is therefore for local authorities to satisfy themselves that any educational technology complies with data protection legislation, alongside local security and safeguarding requirements. As data protection legislation is reserved, enforcement sits with the UK data protection regulator, the Information Commissioner’s Office (ICO).

Under data protection legislation, controllers must identify and document an appropriate lawful basis for each processing activity. The UK GDPR sets out a number of lawful bases for processing personal data, including consent and the performance of a task carried out in the public interest or in the exercise of official authority. It is for local authorities to determine and justify which lawful basis is appropriate in each case, taking account of the nature and purpose of the processing.

In the context of the delivery of statutory education functions, local authorities will commonly rely on the lawful basis of public task, rather than consent, where the use of digital platforms is deemed necessary to support learning and teaching. Where consent is relied upon, it must meet the requirements of the UK GDPR, including being freely given, specific, informed and capable of being withdrawn.

As data protection legislation is reserved, oversight and enforcement sit with the UK data protection regulator, the Information Commissioner’s Office.

The Scottish Government does, however, support the sector through national procurement frameworks that local authorities may choose to use when purchasing goods and services, including digital devices and related technology. These frameworks are developed in line with public procurement legislation and support consistency, value for money and compliance with wider public sector requirements, including around security, sustainability and social value.

The Scottish Government does not mandate a specific or centrally prescribed form of risk assessment for such programmes. However, local authorities are responsible for ensuring that appropriate consideration is given to potential risks and mitigations as part of their own decision-making processes, including safeguarding, data protection, security, accessibility and pupil wellbeing.