Privacy Evaluation for Microsoft Office 365 Education
Microsoft Office 365 Education is a collection of online services that allows students to collaborate and share their schoolwork. Students and educators are eligible for Office 365 Education for free, which includes Outlook, Word, Excel, PowerPoint, OneNote, Publisher, and Access. In addition, Office 365 Education includes classroom tools such as Exchange, OneDrive, SharePoint, Skype for Business, Teams, Sway, Forms, Stream, Flow, PowerApps, School Data Sync, and Bookings.
Microsoft's terms state children can access communication services, like Outlook and Skype, and can freely communicate and share data with other users of all ages. When users are signed in, some products may display a user's name or username and their profile photo as part of their use of Microsoft products, including in a user's communications, social interactions, and public posts. Microsoft's terms state they provide a privacy dashboard that allows users to control some of the data Microsoft processes through their use of a Microsoft account on the Microsoft privacy dashboard. From here, the terms state users can view and clear their browsing, search, and location data associated with their Microsoft account. Microsoft's terms state they are committed to protecting the security of its users' personal data. Microsoft uses a variety of security technologies and procedures to help protect users' personal data from unauthorized access, use, or disclosure. If a user uses a Microsoft product provided by an school or district they are affiliated with, or use an email address provided by a school or district to access Microsoft products, Microsoft may share certain data, such as interaction data and diagnostic data to enable a school or district to manage the products.
Additionally, other relevant policies used for this evaluation include:
- Online Services Terms
- Privacy Principles
- Ad Settings
- Microsoft Services Agreement
- FERPA Backgrounder
- Compliance Framework
Microsoft's terms state children can access communication services, like Outlook and Skype, and can freely communicate and share data with other users of all ages. When users are signed in, some products may display a user's name or username and their profile photo as part of their use of Microsoft products, including in a user's communications, social interactions, and public posts. The terms state that when a user creates a personal Microsoft account, they will be asked to provide certain personal data and they will assign a unique ID number to identify a user's account and associated information. While some products, such as those involving payment, require a real name, the terms state users can sign in and use other Microsoft products without providing their real name. Some data a user provides, such as their display name, email address, and phone number, can be used to help others find and connect with that user within Microsoft products.
In addition, the terms state that users should be aware that when they share their content with other people, it may become publicly visible to others. Microsoft's terms state they also provide parental tools called Family Features, which allow parents and kids to build trust based on a shared understanding of what behaviors, websites, apps, games, physical locations, and spending is right in their family. Parents can create a family account by going to https://account.microsoft.com/family and inviting their kids or other parents to join.
Microsoft's terms state they provide a privacy dashboard that allows users to control some of the data Microsoft processes through their use of a Microsoft account on the Microsoft privacy dashboard. From here, the terms state users can view and clear their browsing, search, and location data associated with their Microsoft account. The terms state many of Microsoft’s products require some personal data to provide users with its services. The data Microsoft services can collect include: first and last name, email address, postal address, phone number, password credentials, and data about users such as their age, gender, country, and preferred language.
In addition, the terms state Microsoft also obtains data about users from third parties, such as data brokers from which Microsoft purchases demographic data to supplement the data they collect, and from services that make user-generated content from their service available to others, such as local business reviews or public social media posts. In carrying out these purposes, the terms state Microsoft combines data they collect from different contexts (for example, from a user's use of two Microsoft products) or obtain from third parties to give users a more seamless, consistent, and personalized experience, to make informed business decisions, and for other legitimate purposes.
Microsoft's terms state they are committed to protecting the security of its users' personal data. Microsoft uses a variety of security technologies and procedures to help protect users' personal data from unauthorized access, use, or disclosure. For example, the terms state Microsoft stores the personal data users provide on computer systems that have limited access and are in controlled facilities and protect the data users entrust to Microsoft through strong security and encryption. In addition, the terms state security is central to compliance with FERPA, which requires the protection of student information from unauthorized disclosures. The terms state educational institutions that use cloud computing should have contractual reassurances from a technology vendor like Microsoft that they will manage sensitive student data appropriately.
In addition, the terms state Microsoft uses data to protect the safety of their products and their customers. Microsoft's security features and products can disrupt the operation of malicious software and notify users if malicious software is found on their devices. The terms also state Microsoft uses data they collect to develop product updates and security patches. For example, the terms state Microsoft may use information about a user's device’s capabilities, such as available memory, to provide users with a software update or security patch. The terms also state updates and patches are intended to maximize users' experience with Microsoft's products, help users' protect the privacy and security of their data, provide new features, and ensure a user's device is ready to process updates. Lastly, the terms state Microsoft complies with data protection laws, including providing security breach notification to users.
If a user uses a Microsoft product provided by an school or district they are affiliated with, or use an email address provided by a school or district to access Microsoft products, Microsoft may share certain data, such as interaction data and diagnostic data to enable a school or district to manage the products. The data associated with a school account, and how it will be used, is generally similar to the use and collection of data associated with a personal Microsoft account. If a school uses Azure Active Directory (AAD) to manage the account it provides to users, then a user can use their school account to sign in to Microsoft products, such as Office 365, and third-party products. If required by a school or district, users may also be asked to provide a phone number or an alternative email address for additional security verification.
In its terms, Microsoft agrees to obtain parental consent before collecting or disclosing personal information from minors. In addition, Microsoft states it may be designated as a “school official” with “legitimate educational interests” in student data as defined under FERPA. Microsoft also commits to using student data only to provide schools and districts with its cloud services and compatible purposes (such as improving malware detection), and does not mine student data for advertising. Lastly, the terms state Microsoft contractually commits not to disclose student data except as the educational institution directs, or as described in a school or district contract. Furthermore, the terms state schools that provide education records to Microsoft through their use of a Microsoft cloud service can be assured that those records are subject to stringent contractual restrictions regarding their use and disclosure.
What data does it collect?
- Personally identifiable information (PII) is collected.
- The categories of collected personally identifiable information are indicated.
- Collection or use of data is limited to product requirements.
- Geolocation data are collected.
- Biometric or health data are collected.
- Behavioral data are collected.
- Sensitive data are collected.
- Non-personally identifiable information is collected.
- Combined information is treated as personally identifiable information (PII).
- Personal information from children under 13 years of age is collected online.
What data does it share?
- Collected information is shared with third parties.
- The categories of information shared with third parties are indicated.
- The purpose for sharing a user's personal information with third parties is indicated.
- Use of information is limited to the purpose for which it was collected.
- Data are shared for analytics.
- Data are not shared for research and/or product improvement.
- Data are shared with third-party service providers.
- The roles of third-party service providers are indicated.
- Social or federated login is supported.
- Contractual limits are placed on third-party data use.
How does it secure data?
- A user's identity is verified with additional personal information.
- Account creation is required.
- Parental controls or managed accounts are available.
- Two-factor account protection is available.
- Third-party contractual security protections are required.
- Industry best practices are used to protect data.
- Employee or physical access to user information is limited.
- All data in transit are encrypted.
- All data at rest are encrypted.
- Notice is provided in the event of a data breach.
What rights do I have to the data?
- Opt-in consent is requested from users at the time personal information is collected.
- Users can control their information through privacy settings.
- Users can create or upload content.
- Users retain ownership of their data.
- Processes to access and review user data are available.
- Processes to modify inaccurate data are available.
- A data-retention policy is available.
- Processes for the school, parents, or students to delete data are available.
- Processes to delete user data are available.
- Processes to download user data are available.
Is the data sold?
- Data are not sold or rented to third parties.
- Users can opt out from the disclosure or sale of their data to a third party.
- User information can be transferred to a third party.
- Unclear whether users are notified if their information is transferred to a third party.
- Unclear whether user information can be deleted prior to its transfer to a third party.
- Unclear whether third-party transfers are contractually required to use the same privacy practices.
- User information is shared in an anonymous or deidentified format.
- Unclear whether the vendor describes their deidentification process of user information.
- Data are not shared for research and/or product improvement.
- Contractual limits prohibit third parties from reidentifying deidentified information.
How safe is this product?
- Users can interact with trusted users and/or students.
- Users can interact with untrusted users, including strangers and/or adults.
- Profile information is shared for social interactions.
- Personal information is displayed publicly.
- Users can control how their data are displayed.
- User-created content is not reviewed, screened, or monitored by the vendor.
- User-created content is not filtered for personal information before being made publicly visible.
- Unclear whether social interactions between users are moderated.
- Unclear whether social interactions of users are logged.
- Unclear whether users can report abuse or cyberbullying.
Ads & Tracking
Are there advertisements or tracking?
- Data are not shared for third-party advertising and/or marketing.
- Traditional or contextual advertisements are displayed.
- Behavioral or targeted advertising is not displayed.
- Data are not collected by third-party advertising or tracking services.
- Data are not used to track and target advertisements on other third-party websites or services.
- Data profiles are not created and used for data enhancement, and/or targeted advertisements.
- The vendor can send marketing messages.
- The vendor does provide promotional sweepstakes, contests, or surveys.
- Users can opt out of traditional, contextual, or behavioral advertising.
- Users can opt out or unsubscribe from marketing communications.
Can I provide parental consent?
- Intended for children under 13.
- Unclear whether intended for parents or guardians.
- Vendor does have actual knowledge that personal information from users under 13 years of age is collected.
- Children's privacy is applicable.
- Unclear whether this product indicates COPPA parental consent exceptions.
- Parental consent is required.
- Unclear whether this product limits parental consent with respect to third parties.
- Parents can withdraw consent for the further collection of their child's information.
- Children's personal information is deleted if collected without parental consent.
- Parental consent notice and method for submission are provided.
Is the product intended for school?
- Intended for students.
- Personal information or education records are collected from preK-12 students.
- Unclear whether intended for teachers.
- Product is primarily used by, designed for, and marketed toward students in grades preK–12.
- Product does create education records.
- Notification of a contract or additional rights is provided.
- Vendor is designated as a school official.
- Unclear whether this product transfers parental consent obligations to the school or district.
- FERPA parental consent exceptions are indicated.
- Unclear whether this product discloses directory information.