Hi !
A few weeks ago, we informed you that the DPIA had been postponed. We were cryptic about the reasons then. In this newsletter, we aim to clarify why.
What Personal Data Can the Provider Process for Its Own Purposes?
This is the issue that requires us to take additional time to finalize the DPIA. It's a tough question, one that recurs in many significant privacy cases, such as the Helsingør case in Denmark and the case where the European Data Protection Supervisor determined that the European Commission's use of Microsoft 365 was in violation of GDPR.
In this case, the Danish Data Protection Authority examined the purposes for which Google, as a provider, could process personal data. They evaluated three purposes and concluded that the Danish Education Law only allowed Google to use personal data for:
- "Delivery, reliability, and security of the service"
While these purposes were not covered:
- "Improvement of the specific product that the school owner has purchased"
- "Development of other and new products or services from the supplier"
In spring 2024, we argued in a legal article that the purpose "Improvement of the specific product that the school owner has purchased" was covered by the Norwegian Education Law.
However, the Ministry of Education has now stated that within the Norwegian Education Law, there is no room for providers to process personal data about students for this purpose, not even metadata (i.e., personal data about how a student uses the solution).
What Does This Mean? Is It the End for Google Workspace for Education in Norwegian Schools?
The short answer is no. Let’s explore why.
Changes in Google's Standard Contracts After KL's Negotiations (KS’s Danish sister organization)
This summer, the Danish Data Protection Authority announced that the Helsingør case had been resolved. KL, after lengthy negotiations, obtained a separate agreement with Google, which apparently resolved the issue.
After this change, Google made adjustments in the contractual framework for Google Workspace for Education: Google Workspace Privacy Terms
"Service data is used to deliver and maintain the services that schools and students use, as well as to improve the security and reliability of these services."
The Danish Data Protection Authority believes that this change is within the Danish Education Law. And we believe that this clarification ensures that the core services in Google Workspace for Education are also within the Norwegian Education Law.
This means that the processing of students' activity data (metadata or activity data – part of what Google calls "service data"), is within the Education Law for both the purpose "delivery, reliability, and security of the service" and to "improve the reliability, and security of the service."
What Does This Clarification Mean?
For us, this clarification, both from the Ministry of Education and Google, makes it very clear what providers can use students' personal data for, and it is positive.
If one is to use personal data (including metadata) about students and teachers for their own purposes, it can be used for purposes closely aligned with what is absolutely necessary to deliver the service. An example of this is further development for the purposes of "reliability" and "security" of the service.
The Education Law simply does not allow school owners to share personal data with providers that reserve the right to use students' activity data for further development of the specific service or new and other services.
So, back to the question: What does this mean for you as a school owner using Google Workspace for Education?
You can use the core services in Google Workspace for Education and Chrome OS and browser services when you have turned on Data Processor Mode. This is because Google for these services does not process activity data about students for anything other than to "improve the reliability, and security of the service."
What does this mean for you as a school owner not using Google Workspace for Education, but another similar system?
You need to know the purposes for which your provider processes personal data about students. Because you must be able to verify that these purposes do not exceed the boundaries of the Education Law.
In concrete terms, the provider cannot process personal data about how students use the solution (activity data or metadata) to generally develop the solution. It’s as simple and as complicated as that.
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.