ERR has learned of cases where children have secretly recorded goings-on at kindergarten. Kaarel Rundu, head of the Tallinn Education Department, confirmed that two such cases have been brought to the department's attention this year from different districts, where kids used smartwatches to record their surroundings.

Rundu emphasized that all manner of private surveillance is prohibited as it may harm others who attend the school or kindergarten. There are also data protection rules to consider, violating which may fetch a fine.

"From the point of view of the Tallinn Education Department, it is crucial that in any situation requiring cooperation and communication between parties, the first point of contact should be the group teacher or class teacher, and if necessary, the principal. "And if there is still a need for help, whether in mediation or clarifying relationships, the Education Department will definitely be involved. The use of smart devices should primarily be linked to educational activities," explained Rundu.

The head of the department emphasized that it is essential for the childcare institution's rules to precisely regulate the use of smart devices.

According to Rundu, rules are in place in schools, but as younger children generally do not bring smart devices to school, kindergartens have not paid much attention to this issue until now.

No fines for parents

From the perspective of the Data Protection Inspectorate (AKI), recording in kindergartens becomes a violation when the recording is transmitted to third parties or made public, stated AKI lawyer Kadri Levand.

"However, if a parent listens to it within the family circle, then it is for personal use, and the General Data Protection Regulation does not apply, meaning the inspectorate cannot intervene beforehand."

AKI has not been notified of the aforementioned incidents in Tallinn, and even if such a case were to reach them, fines would likely not follow.

"Perhaps the wisest action is simply to invite the parent for a discussion to understand why they are doing this. We impose fines in situations where nothing else helps, when the person does not understand and wants to continue the activity. Fining is not our first option; we always have to choose the most effective measure that prevents similar behavior in the future," explained the lawyer.

Although a parent might justify such secret recording as protecting their child, it actually contradicts the child's rights, Levand noted.

"The Child Protection Act also states that the child's interests should come first. No parent would want someone at their workplace recording every move, activity and conversation, yet they do this to their own child, who cannot defend their rights," said Levand.

Levand believes that parents do not consider that by doing so, they are raising their child in an environment of control and fear of being constantly watched. Consequently, these children learn that they should become like this too and record others at every step.

"The psychological impact, I believe, is significantly greater than all these legal issues. Such actions by the parent may completely destroy the trust relationship with their child if they start doing this early on," concluded the AKI lawyer.

Parents not knowledgeable about personal data protection

Maila Rajamets, the head of early childhood education at the Ministry of Education, stated that the ministry has not received reports of recordings being made with smart devices in kindergartens.

"Generally, the knowledge of data protection among people, including parents, is minimal. This awareness grows slower than the availability of digital options, which likely leads parents to not fully understand the boundaries they may need to set for their children," Rajamets reasoned.

She also emphasized that it is the kindergarten's responsibility to help ensure a safe environment through its rules, which should include regulations on all types of recording, including filming and photography. Additionally, the Data Protection Inspectorate has developed specific guidelines for childcare and educational institutions.

"Open communication should come from both sides. From the kindergarten's side, to better explain what the days look like and what activities are conducted. And similarly from the parents' side, if you truly trust your child with qualified teachers, then recording the activities that occur there is not a solution," Rajamets explained.

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