Hi !
Let's discuss the risks associated with the national DPIA project. What have we identified as the greatest project risk, and what does it mean for your municipality?
This is a timely question. It's always somewhat uncomfortable to talk about this kind of risk, but let's give it a try.
The most significant project risk we've identified is that the municipalities as controllers may not be able to use Google Workspace for Education without breaching their data protection obligations, and that the project therefore will recommend discontinuing all use of Google Workspace for Education.
This sounds harsh, but let's try to nuance this risk a bit.
Processing of Personal Data for The Data Processor’s Own Purposes
We think that one of the biggest project risks is that the prerequisites for data processing are not met.
Dutch authorities have conducted a DPIA on Google Workspace for Education, and in the first iteration of the DPIA, they identified a high risk associated with Google's processing of personal data for its purposes. This means, among other things, that the information is being used for purposes other than what it was originally intended for.
This is a familiar issue for anyone who has read a standard data processing agreement, often from a major cloud provider. Many of them reserve the right to process personal data for their own purposes in some form or another.
This is problematic because a municipality cannot use school children's personal data for purposes other than those specified in the Norwegian Education Act. Sharing children's personal data with a supplier that uses the information for commercial purposes is not directly supported by this law.
The Netherlands has, in the latest version of the DPIA, lowered the risk level for this issue to a point where they have concluded that the use of Google Workspace for Education can continue.
This as a result of Google amending their data processing agreement. Google has also committed to rolling out these same terms to all other customers before the end of 2023.
It is worth noting that the scope of the Dutch DPIA var Google Workspace for Education Plus formerly known as G Suite Enterprise for Education.
Many of our project members have contributed to DPIAs for the use of Google services in their own municipalities. We believe a significant part of our work lies in clarifying which personal data are processed for what purposes when using a major cloud provider like Google.
Cooperation with Google as a Risk-Reducing Measure
One guiding principle for the project is to address the most challenging aspects of conducting a DPIA. When dealing with a large supplier like Google, one of the toughest challenges is getting an overview of which personal data they process, how they process it, and what it means regarding whether they are the data controller or data processor.
It sounds trivial, but that's where the challenge lies.
To understand which personal data are being processed specifically, we've decided to collaborate with Google. We have regular meetings where we've asked them several questions, and then we follow up with more detailed discussions.
Our goal is to provide a relatively simple explanation of what personal data are processed in Google Workspace for Education and how. We've chosen to collaborate with Google to achieve this, and we understand that some people are skeptical about this choice.
However, we've opted for it because we believe we can gain a lot from this collaboration. Firstly, understanding the data flow in Google Workspace for Education is essential for writing the DPIA, and for that, we need Google's help.
Secondly, we sense that Google also has a vested interest in ensuring that Norwegian municipalities, as their customers, can use their services in a manner that also complies with data protection obligations.
What Is the Most Likely Outcome?
What are the implications of these factors for the project's overall risk profile? How likely do we think it is that we will recommend that Norwegian municipalities should not use Google Workspace at all?
It's hard to say how likely this scenario is, although it's a risk we've identified in the project. What we think is more likely is that we may recommend not using certain additional services. Google has, in their Implementation Guide for Google Workspace for Education, advised municipalities to turn off specific additional services like YouTube, because Google itself is the data controller for those services. If we also recommend this, we will explore if there's a privacy-friendly way to use them, for example, recommending the use of YouTube videos via Google Classroom.
There are also certain security features only available as part of the paid Google Workspace editions (Standard or Plus). We may recommend that Norwegian municipalities should purchase one of those editions in order to get access to certain administrative or security features, if we deem them essential enough.
We wish to exercise caution in the assertions made in this section. While none of our observations are definitive, our aim is to provide you with valuable insights into potential risks and outcomes through this newsletter.
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.