Online educational programmes gained in popularity during
the COVID-19 pandemic as schools switched to remote teaching and students
became online learners.
NOYB's (None of your business) gripes centre on Microsoft's
365 Education suite of software programmes for students that include Word,
Excel, Microsoft Teams, PowerPoint and Outlook.
In its first complaint, the advocacy group alleged Microsoft
shifts its responsibility as a data controller required to process users’
personal data under EU privacy rules known as the General Data Protection
Regulation (GDPR) to schools, which do not hold the necessary data.
“Under the current system that Microsoft is imposing on
schools, your school would have to audit Microsoft or give them instructions on
how to process pupils’ data. Everyone knows that such contractual arrangements
are out of touch with reality,” NOYB lawyer Maartje de Graaf said in a
statement.
“This is nothing more but an attempt to shift the
responsibility for children’s data as far away from Microsoft as possible,” she
said.
The second complaint focuses on cookies installed in
Microsoft’s 365 Education. Advertisers use cookies to track consumers.
"Our analysis of the data flows is very worrying.
Microsoft 365 Education appears to track users regardless of their age. This
practice is likely to affect hundreds of thousands of pupils and students in
the EU and EEA (European Economic Area)," said NOYB lawyer Felix
Mikolasch.
NOYB urged the Austrian Data Protection Authority to
investigate its complaints and fine Microsoft.