AButters (17th March 2014)
Indeed. There is an issue with 'US Homed' companies and EU data protection principles. Basically, if a company is in the USA but has EU subsidiaries or facilities, the US Patriot Act (and probably other laws too) render EU law a moot point - as failing to comply with the Patriot Act is a fairly huge thing and would effectively be the end of that company if the US govt so wished. So, faced with the potential of the EU shouting loudly and fining them a few Euros, or a life sentence for anyone involved, the company is going to go with handing over data.
That's why I love this forum, someone, somewhere has a bit of info you didn't have before you read the forum post!
Ok so the Patriot Act trumps the Data Protection Act, but in practice, how likely is it to be implemented in such a way that your data will be requested? Isn't it more likely that you will lose data via one of the highly trained data processors that handle this data on a day to day.
Last edited by harriuk; 16th February 2014 at 06:24 PM.
So what, in reality, does this mean for schools who have rolled out Google apps for edu or are about to? if we have to let students know about this can they then opt out? where would that leave schools? We are at a cross roads - 365 or google - I was leaning towards google but now.......
I've tried to make the point before that the wording of the Domain Setting implied that while ads would not be served, the processing was going on. I was told I was wrong by various people including Google employees.
The problem for schools is that to comply with the Data Protection Act, data must be processed fairly, it must be transparent what data you are processing and why, and a subject may request access to their data and schools are obliged to supply data they hold.
If your school uses Google Apps, Goggle are processing data under your schools registration. They are acting as a supplier of services to your school. How do you tell your data subjects what processing you are doing when you don't know? How can you say data is being processed fairly, when you have no control over the processing (and when the supplier has lied to you that it is actually doing any processing)? How can you comply with a subject access request which should now include metadata google collects, when you have no access to that data?
It looks to me that the use of Google Apps for Education in the UK is fundamentally incompatible with a Schools obligations under the DPA. I'm surprised there isn't more discussion of this.
This confirms my suspicion that when using cloud services you are effectively handing your data over to a third party with no actual control over what your data is actually used for now, or in the future.
Worrying. As far as I can see, private clouds are the only answer, so that you can deliver cloud services to pupils and teachers, whilst still remaining 100% in control of the data and the hardware which sits safely in your server room. Not cheap though!!
If you're an institution that can access JANET resources then these 2 links will be of use (they also have Dropbox/Amazon and a few others)
https://www.ja.net/products-services...oft-office-365 (I have this one)
Google sued for data-mining students' e-mail « Naked Security
Google is in hot water for scanning millions of students' email messages and allegedly building "surreptitious" profiles to target advertising at them.
According to Education Week, a "potentially explosive" lawsuit is wending its way through US federal court, now being heard in the US District Court for the Northern District of California.
In court filings, plaintiffs charge that Google data-mines Gmail users - a group that includes students who use the company's Apps for Education tool suite.Its automated processes can't actually be turned off, Google said, even for users who choose not to receive ads.
ZeroHour (18th March 2014)
maybe you Google Apps users will get some massive settlement from Google...Chromebooks for everyone...!
Question for the anthropologists : can you always spot colonisation by the lack of respect for local customs (see what I did there) and the handing out of shiny baubles?
AButters (19th March 2014)
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