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Data protection information for Zoom use at KIT
KIT endeavors to use privacy-compliant solutions for online teaching within the scope of its possibilities. Due to the currently unfeasible scaling of existing services, cloud-based online settings must also be used. Lecturers and students are free to decide whether or not to use a cloud-based service, knowing on the one hand what data protection concerns exist and on the other hand how temporally indefinite possible alternatives to the use of the cloud-based service will be.
In the summer semester 2020, study operations were suspended, face-to-face courses were not possible, and courses were offered as online courses in order to be able to maintain teaching operations.
In order to compensate for the disadvantages of this special summer semester, the deadline for all students to take the orientation exam and repeat exams was extended by one semester. Also, students who were in the highest subject semester according to the study and examination regulations in the summer semester 2020 were automatically granted a deadline extension of one semester.
In the winter semester 2020, there will be attendance courses again - as long as the CoronaVO allows it. In addition, there will have to continue to be online courses or hybrid courses due to hygiene requirements.
If a course is only offered in online format and students do not wish to attend it, e.g. for the aforementioned data protection reasons, an individual case assessment would have to be carried out as things stand at present.
Students are initially advised to contact the person responsible for the course and, if necessary, to find an alternative way of learning the examination material.
Furthermore, it must be differentiated what kind of course it is. If necessary, students can attend the course at a later date and take the associated examination later without this having a detrimental effect on examination deadlines.
If an examination deadline is exceeded due to non-attendance (at the course or examination), an application for an extension of the deadline can be made to the relevant examination board in accordance with the study and examination regulations. The examination board decides on this application.
For further information, please refer to the central FAQ.
I. Processing of personal data and recipients
The form of data processing depends on how the service is used. Zoom allows for flexibility in the design of online meetings. As a moderator or co-host, the personal data stored in your Zoom account is processed to manage Zoom rooms. As a participant:in, you can decide whether to participate in the chat or whether to share your microphone or camera. Basically, the following processing occurs by Zoom Video Communications, Inc. (55 Almaden Boulevard, 6th Floor, San Jose, CA 95113):
1. user:inside data
If you log in with a Zoom account, the personal data stored there will be processed
If you connect to a Zoom room as a guest without logging in using a Zoom account, you will be asked to choose an alias for yourself so that you do not have to disclose your name to Zoom
If you connect by phone dial-in, your phone number will be processed
2. video, audio and text data
Video data, if you have enabled the camera of your terminal device
Audio data, if you have enabled the microphone of your terminal device.
Text data, if the chat, question or survey function is used
3. meeting metadata
Duration of the meeting
Start and end (time) of people's participation
Name and description of the meeting
Scheduled date / time of the meeting
IP addresses of the end devices used for participation as well as other device/hardware information (MAC address, other device IDs (UDID), device type, operating system type and version, client version, camera type, microphone or speaker, type of connection, etc.)
In any case, video and audio data contain your likeness as well as your voice as personal data within the meaning of Article 4 number 1 of the EU General Data Protection Regulation (GDPR), as the data relate to you as an identified or identifiable natural person. In addition, the content of your posts may allow conclusions to be drawn about your person. IP address and device/hardware information also generally allow conclusions to be drawn about your person and are therefore to be treated as personal data.
The "attention monitoring" available on Zoom is deactivated.
The text within the chat function is stored in a separate file and is not part of the video if recorded.
For more information on data processing when using Zoom, please visit https://explore.zoom.us/de/privacy/. Please note that this is an external website operated by Zoom Video Communications, Inc. under its own responsibility and that personal data is processed when you visit it.
II. Person responsible
The responsible party for data processing within the meaning of the DS-GVO and other data protection regulations is:
Karlsruhe Institute of Technology
Phone: +49 721 608-0
Fax: +49 721 608-44290
E-mail: info∂ kit edu
The Karlsruhe Institute of Technology is a public corporation. It is represented by the President Prof. Dr. Holger Hanselka.
You can reach our data protection officer at datenschutzbeauftragter or the postal address with the addition "Die Datenschutzbeauftragte". ∂ kit edu
III. Legal Basis
If you, as a KIT employee, assume the role of:r moderator:in or co-host of a Zoom meeting or otherwise use Zoom in an employment relationship, the legal basis for processing your personal data arises from Article 88(1) DS-GVO in conjunction with Section 15(1) of the State Data Protection Act (LDSG), as the data processing is necessary for the performance of the employment relationship.
If you participate in Zoom meetings as other participant:in, we process your technically required personal data on the basis of Article 6(1)(e), (3)(b) DS-GVO in conjunction with Section 12 of the State University Act in conjunction with Sections 2, 20 KIT Act, as the data processing is necessary for the fulfillment of KIT's university tasks.
The legal basis for the processing of personal data that you may optionally disclose about yourself is your consent pursuant to Article 6(1)(a) DS-GVO.
The data provided above will be stored for as long as it is necessary for the performance of the online meetings and related services. If the online meeting is recorded, you will find out about this via an advance notice from the organizer and/or via a technical signaling. With the recording, the data of the audio and video stream as well as the messages in the chat, question or survey function will be saved and will remain beyond the session.
If you are logged in with a Zoom account, reports of "online meetings" (meeting metadata, phone dial-in data, questions and answers in webinars, survey function in webinars) can be stored at Zoom for up to one month.
V. Order Processing
Zoom Video Communications, Inc. acts as a processor within the meaning of Article 28 DS-GVO for KIT. A commission processing agreement pursuant to Article 28(3) DS-GVO has been concluded.
VI. Data processing outside the EU / EEA.
In certain cases, Zoom processes personal data proportionally outside the EU / EEA (e.g., to process support cases). For these cases, the standard data protection clauses of the EU Commission have been concluded as an appropriate guarantee for an adequate level of data protection pursuant to Article 46(2)(c) DS-GVO.
7. your rights
With regard to the personal data concerning you, you have the following rights vis-à-vis us:
Right to withdraw your consent with effect for the future (Article 7(3) DS- GVO).
Right to confirmation as to whether data concerning you is being processed and to information about the data processed, further information about the data processing and copies of the data (Article 15 DS-GVO)
Right to rectification or completion of inaccurate or incomplete data (Article 16 DS-GVO)
Right to erasure of data concerning you without delay (Article 17 DS-GVO)
Right to restriction of processing (Article 18 DS-GVO)
Right to receive the data in a structured, commonly used and machine-readable format, provided that the processing is based on consent pursuant to Article 6(1), first subparagraph, point (a) or Article 9(2)(a) or on a contract pursuant to Article 6(1), first subparagraph, point (b) and no exception applies (Article 20 DS-GVO)
Right to object to future processing of data concerning you, where the data are processed pursuant to point (e) or (f) of the first subparagraph of Article 6(1) of the GDPR (Article 21 of the GDPR)
You also have the right to lodge a complaint with the supervisory authority about the processing of personal data concerning you by Karlsruhe Institute of Technology (KIT) (Article 77 DS-GVO). The supervisory authority within the meaning of Article 51(1) DS-GVO regarding KIT is pursuant to Section 25(1) LDSG:
The State Commissioner for Data Protection and Freedom of Information of Baden-Württemberg.
Address: Königstraße 10a
Postal address: P.O. Box 10 29 32
E-mail: poststelle∂ lfdi bwl de
Zoom offers the possibility to conduct lectures and seminars online. Furthermore, you will find instructions for Zoom usage to be forwarded to students.
In a lecture part, the lecture material is explained by the lecturers. As a student:r you should turn off your audio and/or video for this part. This way, this part can optionally be recorded by the lecturers and made available in ILIAS. In a second part after the end of a potential recording you can get the floor by microphone and/or activate your camera if you wish.
Online seminars are generally not recorded to allow more interaction between you as a student:r and the lecturers. You can participate in the seminar on a voluntary basis via audio or video and thus interact with your fellow students and lecturers. All participants also have the opportunity to share their screen and contribute to the seminar on a whiteboard or via a comment feature. To protect your student data, online seminars may not be recorded.
Contract adjustments with consideration of the Schrems II ruling
Contract adjustments taking into account the requirements resulting from the Schrems II ruling of the European Court of Justice could be achieved as part of the extension of KIT's Zoom licenses from the summer semester 2021: In connection with the use of cloud providers from the USA, there is the fundamental reservation of potential access by US authorities to personal data of user:s from the EU. Through an addition to the EU standard contractual clauses and further significant, contractual progress, the negative effects of the difficult compatibility of U.S. law and EU law have been contained.
The contractual negotiations also created more transparency with regard to the processing of personal data, in particular through the guaranteed restriction of data processing to servers in the EU and agreement on a clearly defined group of sub-processors.
In addition to the contractual design, KIT has also done everything possible to protect Zoom's user:s as well as possible through the careful configuration of Zoom and the well-coordinated deployment scenarios.
Therefore, it is not expected that Zoom usage will have a negative impact on the rights of users in the context of the use of KIT Zoom licenses.
|How to get access to Zoom as a teacher can be found here.