Hi !
Last week, the Danish Data Protection Authority resolved one of the issues in the Helsingør case. This decision is highly relevant for our national DPIA project were we look at Google Workspace for Education. This newsletter reflects our thoughts after the initial reading.
What is the question in the Helsingør case?
The question that the Danish Data Protection Authority addressed was whether the municipality could use services from Google, given that Google uses personal data in the form of metadata for its own purposes.
Metadata is also often referred to as diagnostic data. These are data that show how a student or teacher uses Google Workspace for Education. This data is pseudonymized, meaning they are indirectly identifiable. These are personal data, as it is possible for Google to identify individuals.
Metadata is not the same as content data. Content data, for example, is the text of an assignment a student submits to the teacher, the written feedback the student receives from the teacher, or messages that students send to each other in the solution. Google does not use these personal data for its own purposes.
So, what does Google use metadata on how students use the solution for? According to the decision of the Danish Data Protection Authority, Google uses these personal data to maintain, improve, and develop new Google services.
What is the problem with "processing personal data for its own purposes"?
Norwegian municipalities can only use students' personal data for the purposes that can be derived from the Education Act. The same applies to Danish municipalities; they are bound by their "Folkeskole Act."
This means that they cannot use a provider like Google, where the provider processes personal data for other purposes than those set out in the Education Act.
And this is where the crux of the Helsingør case lies: is it okay to use Norwegian students' personal data to maintain, improve, and develop new Google services?
The Danish Data Protection Authority says no, it is not.
The Danish Data Protection Authority particularly emphasized that the personal data were not only used for the further development of the Google products that the municipality had purchased. They were also used for the development of Google's general products.
Is there room for maneuver?
The question raised in the Helsingør case is a question we in the national DPIA project also must answer. Danish and Norwegian Education Acts are different, but there are so many similarities that the Helsingør case is absolutely relevant for Norwegian conditions.
Dutch authorities, who have been negotiating with Google for a long time, secured new functionality for the Chrome browser and Chrome OS (the operating system on Chromebooks) called Data Processor Mode in the fall of 2023.
The point of Data Processor Mode was that Google would refine its role as a data processor and not use personal data for its own purposes. What we are looking at now is whether this could be a solution for Norwegian municipalities.
In other words, we need to decide whether Data Processor Mode is set up so that Google does not use students' personal data to further develop its general services.
General remarks on joint assessments, code of conduct, and a call to politicians
The decision from the Danish Data Protection Authority is interesting because they make some general remarks and recommendations that go beyond just dealing with this case.
Firstly, they encourage collaboration on joint assessments such as DPIAs. Many municipalities use the same systems in schools. Even though municipalities might set up, for example, Google Workspace for Education in slightly different ways and they may have different licenses that give them different tools, there is also a lot that is similar. This means there is much to gain from conducting, for example, DPIAs or assessments related to the transfer of personal data out of the EU/EEA together.
KS, along with Bergen municipality among others, has established a pilot on how we in Norway can collaborate on such assessments. In the national DPIA project, we are specifically looking at Google Workspace for Education. We already see that working together on this is much more efficient than each municipality doing this job entirely on its own.
Secondly, they say that establishing a code of conduct under GDPR Article 40 is a tool that can be used to specify the requirements of the GDPR. A code of conduct for information security and privacy in schools would typically contain specific rules for what a municipality must do to protect students and teachers' privacy.
This is something KS also believes is a good idea under certain conditions.
Thirdly, the Danish Data Protection Authority makes a clear call to Danish politicians to clarify to what extent personal data about citizens, as part of the social contract, can or should be able to be transferred to providers for general further development? This especially in public-private partnerships.
This is a question that Norwegian politicians should also answer: should we accept that information about our use of solutions can be used by private entities for the further development of precisely that service?
Read the Helsingør case here!
I wish you a wonderful, privacy-friendly week-end!
Best regards,
Ida Thorsrud
Project manager national DPIA
This newsletter was translated from Norwegian to English with assistance from ChatGPT by OpenAI. While it guided our translation, we made independent editorial choices. Any discrepancies result from this combined approach.