The Ombudsman’s Office requested the National Learning Institute (INA) information about the sensitive data collected as part of the registration form for the English program on the digital platform Hello Brete.
This request comes after, on April 18, 23 organizations and 93 activists presented a application to the Ombudsman to investigate the registration form on that platform.
This form requests data such as sexual orientation, gender identity, immigration status, ethnic belonging and disability status.
According to the INAthese queries They are not mandatory and respond to institutional commitments regarding equality and diversity.
“These questions are optional, so the person may or may not answer; the data is used for purposes statistics following legal and institutional regulations, as well as for report to equality and diversity standards with which the organization was committed,” indicated the INA after consulting The Nation.
The entity added that this type of information is not new within the program and that its inclusion was reviewed by internal bodies.
“For several years now, these have gone through the department that sees the issue at the INA and through the internal commission that oversees the rights of certain populations, who were promoters of this initiative; this request is not new for this program,” added the INA.
The Hello Brete program is promoted by the INA and the government of the Republic through a payment to the private company Open English.
What does the Ombudsman ask for?
The institution asked the INA to refer to whether the data disaggregated in the form is required for the generality of the vulnerable populations.
If it is not a general requirement, the Ombudsman’s Office requested to detail the reason that motivated the request for information on sexual orientation and gender identity. This justification must be supported by the corresponding technical studies.
The Ombudsman also consulted on the way in which this information will be managed, stored and used to provide access to the courses offered. The above responds to the provisions of Law 8968, called Personal Protection Law against the processing of your personal data.
The entity asked if the information will be recorded in an anonymized manner to guarantee the confidentiality of users. In addition, the INA must report on the steps taken to obtain the express consent and in writing from the data owners.
Another point of interest for the institution is the submission of the action protocol designed by the INA to regulate the management of personal data. The Ombudsman seeks to specify whether said protocol is registered with the Residents’ Data Protection Agency (Prodhab).
The Ombudsman added that the INA asked him extend the deadline for submitting information requested.
