DThe conference software Zoom can be used at Hessian universities in future in compliance with data protection. This should be made possible by rules that the universities, the Ministry of Science and the state data protection officer have agreed on. The data protection officer initially tolerated the use of the program after the outbreak of the pandemic, but limited this to July 31, 2021. The universities were then asked to either use US conference systems in accordance with data protection regulations or to use other programs that are harmless in this respect.
The background is a decision by the European Court of Justice from July 2020. At that time, the judges had determined that the USA allowed its authorities to access personal data from the EU in a disproportionate manner without the data subjects being able to defend themselves legally. Therefore, such information may only be transmitted to the United States if it is ensured that government agencies there cannot access it. However, a service provider such as Zoom, which transmits data to the United States, cannot rule out such access.
Outflow of student personal data
With the support of the state data protection officer, the University of Kassel has developed a model that enables the use of Zoom without violating the requirements of the European Court of Justice. Accordingly, the universities must commission a processor based in the European Union, independent of Zoom, to operate the conference system on servers in the EU. They also have to provide end-to-end encryption of all content.
The flow of personal data from students to the USA and access to such data from the USA must be prevented, the regulations go on to say. Zoom may only be used for courses, and the university must offer a different system to teachers who do not want to work with it. In addition, the universities would have to inform their students and lecturers in detail about other options for protecting their data.
The Hessian data protection officer Alexander Roßnagel said he was very satisfied with this solution. The model is also a role model for other video conference systems and can be methodically applied to many data protection problems. According to Science Minister Angela Dorn (Die Grünen), the new rules give the universities flexibility and legal certainty at the same time.
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