Hi !
We have made significant progress with the DPIA for Google Workspace for Education and now it’s time to share some of our conclusions and recommendations with you.
One of the questions we know many have been curious about is whether we will say that using Google is not okay. Do you need to turn off all your Google services?
The short answer is no, you don't have to. But perhaps some of them.
So let's talk about why!
A heads up before we start: this newsletter will be a bit "legalistic". We will discuss terms like "data controller", "purpose of the processing", and "legal basis". We’ll try to keep it simple, but if you're lost, send us an email by replying to this newsletter.
It's important for us that we manage to explain our conclusions, even the complex ones, and for this, we need your feedback on what you find difficult.
And one last thing before we begin: this issue is HARD. Even for those of us who are lawyers.
So there's no shame in taking extra time to understand. Know that we in the project have spent MANY rounds internally just to grasp the issue!
You are the school owner and data controller – what does that entail?
As a school owner, you are the data controller for the personal data about students that are processed in digital tools like Google Workspace for Education.
Being a data controller means you can't use the students' personal data however you want; you are bound by the education law, which outlines the purposes for which you can use personal data. This is also called the purpose of the processing.
This also means that you can't use a provider or data processor that processes students' personal data for purposes other than those stipulated by the education law.
This was precisely why the Danish Data Protection Agency imposed a ban on the use of Google Workspace in the 53 municipalities that used this solution: the Danish education law did not allow Danish school owners to share personal data with Google, who then processed them for other purposes than those strictly provided by the education law.
When you are the data controller, you need a legal basis for all processing of personal data that you perform.
Sharing personal data about students with Google is something you need a legal basis for. Additionally, you cannot share students' personal data with another data controller who processes them for purposes other than those specified in the education law.
When is Google the data controller?
Google is a large company that offers services to both businesses and consumers. For the services offered to us in the consumer market, Google is the data controller.
However, Google is also the data controller for some of the services they offer to school owners. For Google Workspace for Education, the distinction is mainly between the "core services", i.e., the services within the green box on one side and the "additional services" and Chrome on the other.