[German]The use of Microsoft Teams in schools of German state Hesse (Hessen) is being phased out for data protection reasons. This has just been announced by the Hessian data protection commissioner. Data protection-compliant substitute solutions are available for use for video conferencing in schools. So the authorization to use teams is coming to an end.
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The announcement from Mr. Rossnagel, the data protection commissioner of the state of Hesse, is dated March 31, 2021, and is titled Duldung des HBDI für die Nutzung insbesondere US-amerikanischer Anwendungen läuft aus. (Toleration of HBDI for the use of U.S. applications in particular is expiring). Rossnagel writes that the use of videoconferencing systems by schools has been an ongoing issue since the first lock-down in April 2020. The discussion, Rossnagel says, is not just about the functionality of the applications, but also their data protection compliance.
As Hesse's data protection commissioner (HBDI), he says, he reacted quickly at the time and issued a temporary toleration of almost all video conferencing systems. But then Rossnagel becomes clear: This toleration expires on July 31, 2021. The background to this clear announcement is probably that the HBDI has received repeated reports in recent weeks that schools, promoted by individual media centers among others, have come to the conclusion that they can continue to rely on the use of U.S. video conferencing systems (VKS) in the future.
According to Rossnagel, the use of Microsoft Teams is a particular focus in this context. This is particularly the case because Teams is a component of the Microsoft 365 application, which is now used in many schools and has so far only been legitimized on the basis of acquiescence by the HBDI.
A clear "no go" against Microsoft Teams
The Hessian Data Protection Commissioner (HBDI) states the following regarding the topic touched upon – also in relation to Microsoft Teams – in its communication:
The toleration of almost all common VKS, which was pronounced in April 2020 due to the pandemic that occurred in Germany, based on Art. 6 (1) lit d) and e) of the General Data Protection Regulation and extended once in August 2020, is only valid until July 31, 2021. The reason for the extended period until the end of July this year was the failed effort of the Hessian Ministry of Education and Cultural Affairs (HKM) to provide Hessian schools with a statewide, data protection-compliant VKS by the beginning of the current school year. The complexity of the (Europe-wide) tendering process and the clarification of fundamental issues relating to data protection made it necessary to extend the condonation in the interests of a sustainable solution that complies with data protection requirements.
According to the data protection officer, a further extension of this toleration is out of the question and is not on the agenda. This applies to both the data protection commissioner (HBDI) and the Hessian Ministry of Culture (HKM). Rossnagel writes that it is rather to be assumed that by the beginning of the new school year an application will be available that meets both technical and data protection requirements.
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Thus, the further or continued use of Microsoft Teams, among others, is neither necessary nor permissible under data protection law. The HBDI assumes that the HKM will inform the schools in due course about the modalities regarding the use of the statewide VKS. Thus, the plug is pulled on Microsoft Teams (and also other US video services) in this area.
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