A/HRC/44/39 education of children and other learners. Consideration must be given, for example, to the consequences of a heavy use of screens by children and to the threat of online abuse. 47. The deployment of online distance learning (together with the use of radio and television), should only be seen as a temporary solution aimed at addressing a crisis. The digitization of education should never replace on-site schooling with teachers. If distance education were to become the new paradigm for education after the end of the pandemic, it would affect the heart and purpose of the right to education. On-site and face-to-face education enables teachers not only to provide content but also to ensure that it is understood and well received. Besides, education does more than merely transmit didactic knowledge: it aims to develop socioemotional skills, critical spirit, creativity, a sense of citizenship and mutual understanding between groups that need to interact and mix in order to live together and build a peaceful society. Education also aims to connect children to nature and their environment. Education is a social act carried out by a community of learners who require real, human interaction. 48. Distance learning tools must make use of high-quality content that is adapted to local contexts and, in particular, local languages, and must be introduced together with effective and ongoing training for teachers and learners. They should permit teachers and learners to provide their input, allow for pedagogical differentiation depending on the level and the capacities of learners and should also allow academic freedom and creativity. 49. Digital education raises additional important issues, including in respect of data protection and teachers’ and learners’ privacy. As a researcher and advocate for children’s rights at Human Rights Watch has noted: Children’s education data are far less protected than health data. Many countries have regulations that govern the appropriate uses and disclosures of personally identifiable health data, even during emergencies. But while children’s school data may be just as sensitive – revealing names, home addresses, behaviors, and other highly personal details that can harm children and families when misused – most countries don’t have data privacy laws that protect children.36 Concern has been expressed regarding the popular distance learning options published by UNESCO in this regard.37 The remote surveillance of teachers and learners and the sale of data are of particular concern. 50. The Special Rapporteur recalls in this regard that, in accordance with the Abidjan principles, States must define and enforce minimum standards regarding: Privacy and data protection, ensuring in particular respect for the rule of law and ethical practices with regards to personal data. States must also ensure that no personal, including biometric data, be collected or retained without consent, or be shared with third-parties without express consent and for purposes other than education, including for commercial, immigration, or security purposes.38 51. The massive arrival of private actors in education through digital technology represents a major danger for education systems and the right to education in the long term, and must be controlled in line with existing standards, including the Abidjan principles. In particular, the Special Rapporteur is concerned that the prominent role of private actors in this context may lead to the capture of limited public resources for education by commercial entities seeking to profit from the COVID-19 crisis, despite research showing huge gaps in access to digital learning technology based on income, location and gender. 39 52. The development of partnerships between States, intergovernmental organizations and private actors raises questions about the nature of the participation of each actor in education and the benefits they will obtain from such partnerships, whether in terms of 36 37 38 39 12 Hye Jung Han, “As schools close over coronavirus, protect kids’ privacy in online learning” (Human Rights Watch, 27 March 2020). Ibid. For the options listed by UNESCO, see https://en.unesco.org/covid19/educationresponse/solutions. Principle 55. Submission from Oxfam.