Hi !
In this week's newsletter, we are taking a step back to understand what this DPIA is all about: protecting children’s rights and freedoms.
As a municipality, when making decisions on behalf of the data subject, one must also safeguard privacy
When you, as a municipality, make the decision to implement digital platforms such as Google Workspace for Education, you are also making choices on behalf of the students regarding how and where their digital personal data will be managed. It's crucial to recognize that students don’t have the option to opt-out of the platform selected by the municipality.
As many of you are aware, we don't ask students for consent to process their personal information in a school context. The legal basis for this is the provisions of the Norwegian Education Act, which grants students the right to education and mandates the municipality to provide it.
This means that the municipality, as the data controller, has a responsibility to make privacy-friendly choices on behalf of students, who cannot make these choices for themselves.
GDPR imposes a number of obligations on municipalities to assess whether students' privacy rights will be upheld in a solution like Google Workspace for Education. The DPIA we are currently conducting serves as a tool for this purpose.
It's worth mentioning that it's not just a question of whether an external platforms like Google Workspace for Education will uphold students' privacy. It's also a question of whether the municipality, as the controller, has adequately prepared itself to protect the students' privacy rights. In other words, does the municipality have sufficient internal controls to fulfill its obligations under GDPR?
Touch Choices
We know that you, as a municipality, school owner, and data controller, face difficult choices when determining whether students’ privacy is adequately protected.
You may be struggling to find or hire people with the expertise to help you assess privacy concerns? Or perhaps lacking the budget to invest in the most privacy-friendly solutions? Maybe you have the resources, but it’s challenging to understand what personal data these platforms actually process?
Especially the last one is a challenge we in the DPIA-project also encounter. It's difficult to get an overview of what a large vendor like Google offers in Google Workspace for Education—what constitutes additional services versus core services and how that impacts the distribution of responsibilities between the municipality and Google.
We dare say that these are issues all municipalities face to some extent. Our hope is that the national DPIA will make these challenges a bit easier to manage.
Leading by Example in Teaching Digital Citizenship
Let's return to the core of what this DPIA is really about: students’ privacy, rights, and freedoms.
While this is a challenge for you as a municipality, there's even more at stake for the students.
We wish that the public sector, in this case, municipalities, will set a good example of what students should be able to expect from data controllers.
Those of us working in privacy sometimes say privacy is about how to implement human rights in practice. This may sound grand, but it’s actually quite specific and concrete. How the municipality as a data controller acts, has a significant impact on what students' privacy looks like in reality.
What information do students (and parents) receive about how their personal data is handled? How does the municipality specifically uphold the right to access? What type of access control has been implemented to protect students' personal data and ensure only teachers who genuinely need access to students' schoolwork get it?
It’s up to the municipality to answer these questions. And in those answers lies how each municipality has chosen to operationalize the students' right to privacy.
Our goal is that the national DPIA will provide some answers on how to operationalize these rights. But also that you, as a municipality and data controller, can see the value of setting the standard for what students should expect from how other controllers handling their personal data.
Because, in the end, that’s what it's all about: students' rights and freedoms.
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.