“Dear parents, I hope that this first day of school has gone well for Adam (the first name has been changed) and that he has received his school kit offered to each student (…) I wish you a very beautiful year which will begin with our back-to-school forum this Saturday, September 9. »
It is a short SMS, sent Monday and signed with the name of the mayor (UDI) of Aubervilliers, Karine Franclet, but which does not pass in the opposition of the city. Three elected officials decided to alert the public prosecutor, wondering about the use of personal data transmitted by the parents of students.
The use of the personal data in question
Among the latter, some received another message, more succinct: “I hope that this first day of the new school year went well for… and that he was able to make some great discoveries. Very good year! ” he said. “It’s a practice that questions us a lot because it is intrusive, with the child’s first name, and many parents do not remember having ticked a box to say that they wanted to be informed on subjects who have nothing to do with school, ”underlines Anthony Daguet, elected opposition member (PCF) who alerted the prosecutor with Nabila Djebbari (DVG) and Pierre-Yves Nauleau (DVG).
“When parents consent to the reuse of their data, it is to receive information related to the organization of the public service, abounds the latter, a lawyer by profession. But here, the SMS says: Thanks to us, you have a back-to-school kit and on Saturday, there is a forum. For me, there is a diversion of the purpose of the file. »
They believe that the information that is transmitted to parents must remain within the school framework. “The only text messages we receive, as parents, are to warn us of a strike, of a restricted service in the canteen, for example, explains Nabila Djebbari. And this goes through the teaching department, whose data is not supposed to circulate. »
The mayor is not at his first attempt
These advisers also noted that the text messages had not been sent to all the parents. They therefore question the legality of the file. “Since Monday, many residents have been questioned and some, who have children at school, have received nothing, continues Anthony Daguet. This raises many questions: how are these files made up? How are they modified? Has a sorting been carried out and if so, on what basis? What is certain is that it is a drift that we wish to contain, and which deserves clarification because it is feared that it will be used, as in 2021, for electoral purposes. »
The former first deputy is referring here to an SMS which had been sent by the mayor on the eve of the departmental elections, in June 2021.
“We wonder if this file was not compiled on the basis of the sympathy, real or supposed, of certain parents vis-à-vis the policy of the municipality, and that these contacts were not collected thanks to their presence at various past events, underlines Pierre-Yves Naulleau. At this stage, we are not accusing, but we must be vigilant and play the role of whistleblowers. »
The elected officials have, in parallel, invited the parents to make a report to the CNIL (national commission for data processing and freedoms).
Elected officials who seek “to make the buzz” tackle Karine Franclet
Contacted, Karine Franclet denounces a “political controversy” on the part of elected officials seeking “to create a buzz”. On the merits, the mayor considers the approach to be in accordance with the law: “Personal data must be used only for the purposes provided for by the collection and here, this is the case, defends the former head of the establishment. We used the Agora platform where parents registered to monitor their children’s education. And here, wishing a good return, asking if all the kits have been received and announcing the forum, we are completely in this context, she continues. All this seems normal to me as mayor: I am responsible for schools in the city and it is a very important axis of my municipal policy. I don’t understand how anyone can see any malice there. »
The elected also defends the “human” character of the SMS personalized with the first name of the children. And, explains, in passing, that the president (PS) of the departmental council, Stéphane Troussel “sends an SMS each year to wish a good return to school to all college students”. “It is a common practice and I note that, in this case, it does not bother these chosen ones…”
This message was actually sent on Monday, with this text: “I wish a good start to the school year to the students and their families! Stéphane Troussel, President of the Department. STOP at 36 200.” “In both cases, one can wonder about the legality and the character of general interest of this practice”, answers Anthony Daguet, who notes however that in Aubervilliers, the possibility of unsubscribing from list of recipients “is not possible.” »
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