In the event of “learning victory”, students can anonymously rate their teachers or schools with one to five stars. According to the OLG, “Lernsieg” must refrain from using the teacher’s data as long as it is not ensured that only his (ex) students can evaluate him.
A database with around 90,000 teachers and the corresponding schools was created for the “Lernsieg” app. After registering, pupils can rate their educators from the AHS lower level or new middle school (NMS) in categories such as teaching, fairness, preparation or punctuality with one to five stars after registering via mobile phone number. Rankings are then also created from this.
The OLG has now decided that “Lernsieg” must delete the data of the pedagogue who teaches at a vocational school in Upper Austria within 14 days and refrain from processing them – unless the operator can ensure that only people can rate the teacher who were actually informed of this.
Teacher sued for data breach
The teacher, who was supported by the union in his lawsuit, saw the use of his data as an unlawful interference with his privacy rights and a violation of his right to data protection. For the OLG, the fundamental right to freedom of opinion and information of the pupils, emphasized by the “Lernsieg” makers, represents a legitimate interest with regard to teachers: In a democratic society pupils would have to deal critically with their teachers and express their opinions on various aspects be able to express themselves constructively in the classroom, also in media such as a printed school newspaper or the Internet.
“In its current form”, the “Lernsieg” app is not limited to what is necessary because it cannot prevent any “unobjective” mood-making “” by people who have not been taught by the teacher in question. The Higher Regional Court sees “real-life viewing” the danger that, for example, pupils who feel they have been treated unfairly by receiving a bad grade could incite a large number of third parties from outside the school to give poor ratings, or that the rating portal could be misused to “denigrate” teachers in the course of private conflicts could.
Abuse controls too broad
“That such fears are not of a purely theoretical nature is shown by legislative steps in the recent past,” the OLG refers to the law to combat hatred on the Internet. According to the OLG, the abuse controls of “Lernsieg” are too wide-meshed for effective protection against abuse. The “learning victory” makers can still bring in a proper revision against the judgment – on the legal question under which conditions a teacher evaluation app could be permissible. there is still no highest court judgment.
“Lernsieg” founder Benjamin Hadrigan was “shocked” at the OLG ruling in a statement. The app had already been classified as legal by the data protection authority when it was launched in 2019, and over 40 cases have now been won before the data protection authority. “Due to its constant attacks, the teachers’ union is now on the verge of permanently destroying this recognition tool for the achievements of Austria’s teachers (on average, these are rated” Good “in the app, note).”
Developers are running out of money
“Learning victory” has spent “hundreds of thousands of euros” on lawsuits and proceedings. In the meantime, the app makers run out of money for the lawyers despite the many proceedings won, because there are no reimbursements for proceedings at the data protection authority. Therefore legal aid has now been applied for for the GmbH, an application for Hadrigan as a private person is to follow. With a one-euro donation model, Hadrigan is now looking for supporters on the way to a judicature “so that schoolchildren have a right to the evaluation of their teachers and freedom of expression”.
The top teachers’ union Paul Kimberger (FCG) did not want to evaluate the content of the verdict on the model lawsuit against the APA. However, he emphasized that the union had no problem with a feedback culture in schools. The decisive factor, however, is the quality of the feedback.
Source: Nachrichten
