Abstract
The aim of the article is to point out the difficulties encountered in practice in identifying and applying the relevant prerequisite that entitles the headmaster of a kindergarten, school or other institution to process personal data concerning a pupil’s health condition or diet. The author interprets the regulation of Article 155 of the Education Act providing for the provision of the above-mentioned information by parents of students. She examines who exactly, what kind of data and to whom, on the basis of this provision, can transfer it. She then analyses the three prerequisites for the processing of sensitive personal data under Article 9(2) of the RODO, which may constitute a ‘potential’ legal basis for the processing of the aforementioned pupil’s personal data by a school or kindergarten, identifying doubts that may arise in this regard. The article concludes with the formulation of a de lege ferenda proposal addressed to the legislator to add provisions to the Education Law Act specifying appropriate measures to protect the rights and interests of the data subject.
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