Collected data on students based on six indicators from the Rulebook must be destroyed, Hota-Muminović blames the media

(Patria) - Following the Decision of the Personal Data Protection Agency of Bosnia and Herzegovina on the (Rulebook on keeping records of unacceptable forms of behavior and/or other factors that may threaten the best interests of students and protect students), the Ministry of Education and Science of Sarajevo Canton has instructed schools to destroy any collected data on students related to the following 6 indicators out of a total of 77 indicators/items that indicate a possibility that a child's best interest is threatened in any way, according to the Rulebook:

- To delete item "student removes profile picture from social media profile" from indicator 4;

- To delete item "student has visible traces of burns, fractures, bruises, scars, injuries, or signs of self-harm" from indicator 33;
- To delete indicator 43 "tics are observed in students (uncontrolled motor reactions)";
- To delete indicator 46 "student complains of stomach pains, headaches, nausea";
- To delete indicator 48 "difficulties in controlling elimination functions (urination and bowel movements) are observed in students";
- To delete indicator 49 "speech and language difficulties (lisping, stuttering, delayed speech development) are observed in students".

The Ministry announces a procedure for amending the Rulebook, which will remove six indicators from its appendix. The Rulebook will remain in force, and after the amendments, 71 indicators will remain in effect.

The Minister of Education and Science of Sarajevo Canton (KS) Naida Hota Muminović explains that the collection of data according to the Rulebook is not an end in itself, but serves the pedagogical-psychological service to assess the need, initiate and implement the development of a support plan or care plan for the student.

“I want to express our concern about the Agency's position that health conditions, such as bruises, fractures, burns, and self-harm, can remain a child's private matter, which consequently means that no individual support or care plan is developed for such a student,” says Minister Hota Muminović.

The Ministry also recalled the case of a boy S.Ć. (3.5 years old) who was tortured and eventually killed by his closest relatives in 2014, far from the eyes and supervision of the system that has a conventional obligation to protect every child, even when their best interests are threatened within the family itself or by peers.

“We warn about terrible cases of child abuse, especially during periods when there are holidays and when children are not under the observation of professionals. The institutions of the system and the professionals working in them have the obligation to protect the best interests of the child when they can be threatened within the family itself, either through neglect or abuse. The Law on Protection from Family Violence and the Criminal Code oblige professionals to report cases of violence against a child, and the Rulebook is the starting point for developing an individual support or care plan at school for such a child/student. In this way, attempts are made to professionally treat trauma and provide conditions so that trauma does not leave long-term consequences for the child, and in adulthood, for the community,” said the minister.

Furthermore, as she further explains, speech difficulties, delayed speech development, stuttering, and tics that have not appeared before can be indicators that a child needs professional treatment, help, and support, and it is unclear why the aforementioned challenge faced by the child should remain unnoticed, unmentioned, and untreated by professionals.

“Signs of self-harm in children are a silent plea for help, directed at parents and professionals. Can any professional remain silent in the face of scars and wounds from self-harm, after noticing them?” is concerned Minister Hota Muminović.

Finally, the minister warns that we live in a society full of challenges, where the synergy of family, professionals, institutions, media, and the wider community is key. It is necessary to recognize risks in a timely manner, provide adequate responses and support, instead of later dealing with the question of who failed when it is too late.

“Unfortunately, cases of violence among children or against children, as well as cases of youth suicides, indicate that the authorities are obliged to provide a framework within which professionals can timely recognize risk factors and provide help and support to children, youth, and families. We regret that some of the indicators that clearly indicate that a child's well-being is threatened will be removed from the list of indicators,” concluded Minister Naida Hota Muminović.

The Ministry also states that after the adoption of the Law on Education in Primary and Secondary School in July 2024, the Ministry of Education and Science was obliged to adopt the Rulebook on keeping records of unacceptable forms of behavior and/or other factors that may threaten the best interests of students and protect students, which the Ministry did in August 2024, after obtaining all necessary opinions and respecting procedures.

"Immediately after the adoption of the Rulebook, an unprecedented media campaign was launched, and the Personal Data Protection Agency of BiH sent an urgent letter to the Ministry to withdraw the Rulebook, linking it to the 2018 Decision on the suspension of the 'Matrix' pilot project. The Ministry informed the Agency that the Agency's aforementioned Decision was executed in 2018 and requested the implementation of the procedure within legal procedures, which will apply to the new Rulebook. In September 2024, the Agency requested a statement from the Ministry regarding the adopted Rulebook, which was submitted within the deadline. In December, the Agency issued a first-instance decision with a deadline of 15 days to inform the Agency about the implementation of measures, with the possibility of appeal. The Ministry filed an appeal in a timely manner, but the second-instance body rejected it and confirmed the first-instance decision on January 3, 2025,” the Ministry stated.