Hi !
Last week, we had a LinkedIn Live session about the new edition of the record of processing. Did you miss it? You can watch the recording here https://www.linkedin.com/events/presentasjonavbehandlingsprotok7199365762636021760/comments/
We have now published a new edition of the record which you can find here in the same place as the old one.
So, what's new compared to the previous draft? Well, let me tell you.
Special categories of personal data are included
When you have systems with free-text fields, where users can write whatever they want, there is always a risk that they include personal data, which may also be sensitive personal data. These are formally called "special categories of personal data," and they include information such as health details or religious affiliation.
In Google Workspace for Education, students have several opportunities to enter what we call "free text." It is actually very important that students can write exactly what they want when they respond to tasks, talk to the teacher, and other students.
And then, as a municipality, school owner, and data controller, you must document that this actually happens.
Failing to document this can have consequences. This was one of the things that the Icelandic Data Protection Authority pointed out when five Icelandic municipalities were fined for using Google Workspace for Education in December 2023. Read more about this case here: Icelandic Data Protection Case.
The solution?
Document! Many are a bit wary of sensitive personal data, but much is achieved if you actually document.
Start by identifying. And be honest with yourself about the processing you actually do.
As you will see from the record of processing, we have clarified when the personal data are sensitive, and what the legal basis for processing them is.
It has become much clearer to us that the record of processing is general.
We have created a record of processing for the processing of personal data that occurs in Google Workspace for Education. But what has happened is that we have created a general record of processing that you can use also if you have other solutions than Google Workspace for Education.
It has become more and more common to create records of processing for processes and not for systems. We have done that too, and it means that we have created something that applies to schools in general. Not just Google Workspace for Education.
If you don't have a record of processing in the school area but use a different solution than Google Workspace for Education, try to base it on ours! And then adjust it of course on the system.
We think you will be surprised at how much you can actually use.
What about the new education law?
One of the things we knew we needed in the record of processing was proposals for legal bases.
Not only is this important because you must have it to legally process personal data, but it's also not straightforward what you should choose.
As a municipality, school owner, and data controller, the education law is your legal basis. It obliges you to provide education to the students and sets the framework for the education.
The new version of the record of processing contains, as mentioned, our suggestions for legal bases mainly from the education law.
But we get a new education law coming into force in August. So what then?
Well, then we must update the record of processing. In fact, we have a dedicated project worker who is now working on finding the new legal bases in the new education law.
Therefore: a new version of the record of processing in August where the legal bases are the new education law. Look forward to it!
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.