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122 | Digital Media and Storytelling in Higher Education
However, if there is a professional element - in the case of educational or
research activities - the data protection rules apply. Processing is defined as any
operation involving personal data such as collection, recording, organization,
structuring, storage, adaptation or alteration, retrieval, consultation, use and
disclosure, or making it available to the public (Article 4.2 of Regulation
2016/679 EU). In the case of research, the data controller is the researcher
himself, and in the case of research carried out by a research organization, it
is the organization. In the case of education, however, the situation is more
complex. Suppose that a student made a digital story about his neighbors
disease for a biology lesson and used the photos, findings, and videos of
the person concerned. At first glance, it may seem that the student (or the
parent, as we are talking about a minor) is the data controller. We may also
assume that since the biology teacher reguested the task, he or she is the data
controller. However, the guestion is not that simple. Since the recording is
presented in the context of a classroom exercise, its storage, projection and
other data processing is carried out by the educational institution. The teacher,
as a public employee, is not acting on his or her own behalf, and thus is not
the data controller; as it is actually the institution which is carrying out the
educational activities.
Complications can be avoided if the researcher-facilitator and/or the
educational institution is careful to put an appropriate data protection
framework in place before using DST. Data management should comply with
data protection principles and rules such as accuracy, purpose limitation, and
data minimization. Prior to the process, the participants - and in the case of
minors, their parents — should be informed of the data management strategy
and their (or their parents’) consent to the processing of their data should be
sought. At the end of the DST process, participants should be informed of their
data protection rights: the rights to information, access, rectification, erasure
(right to be forgotten’), restriction of processing, portability, and objection,
and automated decision-making. It is also worth paying particular attention
to the fact that, where relevant, DST may also contain personal data revealing
racial or ethnic origin, political opinions, religious or philosophical beliefs,
health data or personal data concerning the sex life or sexual orientation of
natural persons. The processing of such data may be lawful only under very
strict conditions.
Copyright and related rights
Copyright issues are a clear issue in the use of DST, as creators use both
their own and others content to create their digital stories. According to
Section 9(1) of Act LXXVI of 1999 on Copyright, the author is entitled to
all copyrights, both moral and property rights, from the creation of the
work. All photographic and video recordings made by a natural person are