sgeering

New privacy pop-up screen in Blackboard Learn

Discussion created by sgeering on Jun 19, 2018

As part of the GDPR implementation we included a new privacy pop-up for Blackboard Learn. It clarifies that Blackboard (as a "data processor" under EU law) is processing personal information on behalf of our client (as the "data controller") and that the client's privacy policy applies. It allows clients to include a link to their privacy policy. We also include a link to our privacy policy as some countries do not make the same data controller - data processor distinction (and we therefore also have an obligation to provide our policy) and in case a client does not include a link to their policy.

 

We had a few questions why we require agreement/consent. The clients (in our view correctly) pointed out that consent will probably not valid as students are not free to give consent. I therefore wanted to clarify that the new pop-up is not set up as a consent but rather as a privacy notice. Here's the explanation of our set-up:

 

We have carefully worded the new privacy notice pop-up language in Learn in a way that clarifies that the client’s privacy policy applies (rather than ours). We also intentionally did not phrase it in a way that requires consent to the (client’s) privacy policy because we think that most clients could/would not want to rely on consent but rather on another legal basis for the processing of personal data. The pop us is therefore just a data protection notice rather than a data protection consent.

 

The agreement in the pop-up is only regarding our Terms of Use. We need the user's agreement to our Terms of Use from a broader legal perspective for instance to protect ourselves regarding the misuse of our products and to protect ourselves with regard to intellectual property rights. It is not an agreement/consent to the privacy policy or to the processing of personal information.

 

We will try to make this clearer in the next iteration. Any suggestions how we can be clearer about this are of course highly welcome.

 

Stephan

Global Privacy Officer

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