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Legal Guidance for ICT Use in Education, Research and External Engagement

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Employment Law

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Employment Law

With employee access to the internet and external email networks becoming the norm, employers are increasingly concerned with monitoring the activities of their employees at work. Within certain constraints, employers are vicariously liable for the actions of their employees, and many employers feel that giving employees access to the internet and email increases their chances of incurring liability, for example, for sexual harassment claims or for defamatory statements made on email networks. Employers are not only concerned with their potential liability to third parties but also with the potential to become the target of fraud. Breaches of security or confidentiality are also of concern.

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Bring Your Own Device Policy Template for Further Education (1 May 2013)

This “Bring Your Own Device” policy template is intended to help colleges write an effective policy that states what their approach is to the use of personally owned devices by staff and learners.

Risk, Liability and Mobile Devices (1 May 2013)
This paper provides a quick reference for managers as to the main legal risks which need to be assessed against your institution’s risk strategy before opening your institution’s ICT system to mobile access by staff and students using their own devices.

Your Staff, Mobile Devices, Law and Liability (1 May 2013)
This paper focuses on the legal issues surrounding staff bringing their own devices.

Equality, Disability and the Law Overview (25 January 2013)
This overview paper provides an in- depth look at the disability discrimination provisions of the Equality Act 2010 and its application to the use of ICT in the provision of education services in UK colleges and universities.

Mobile Technologies and the Law Overview (19 November 2012)
This paper considers the legal issues likely to arise from the use of mobile devices by colleges and universities. It is relevant for staff with responsibility for planning and managing the introduction and use of mobile technologies in their institution and for lecturers, researchers and support staff using or supporting the use of mobile technologies.

Equality, Disability and the Law Essentials (25 October 2012)

This Essentials Guide provides readers with a direct, point-by-point guide to the Equality Act 2010's disability discrimination provisions and their application to further and higher education.

Personal Data and Consent Management: A Briefing Paper (16 November 2011)

This guidance is designed to help institutions deal with consent management when sharing personal data across and between institutions and external service providers.

Equality and Diversity - Presentation (17 November 2009)
JISC Legal presentation on ‘Equality and Diversity’, CILIPS, Mitchell Library, Glasgow.

Hosting Liability - Essentials for FE and HE Institutions (23 November 2007)

Essentials guide for FE and HE on ISP liability for online content.

Data Retention Directive Overview (21 June 2007)
This overview paper briefly clarifies the current situation with regard to retention of communications traffic data by certain UK organisations.

Cybercrime Overview (1 February 2007)

This Cybercrime overview paper explores the main obligations imposed on institutions concerning the provision and use of IT facilities in terms of cybercrime.

Data Retention Directive: Implications for FE and HE - JISC Legal Overview (16 April 2006)

Overview of data retention practices, and implications in FE and HE following the EU data retention directive 2006/24/EC.

Interception and Monitoring Law Essentials (4 April 2006)
A direct, point by point guide on interception and monitoring law and its application to Further and Higher Education (FE and HE).

Interception and Monitoring Law Overview (4 April 2006)
An examination of the current law surrounding the rights, obligations and liabilities of a college or university with regard to interception and monitoring of communications on or using its computer systems.

ARCHIVED: Inappropriate Use of Computers - the Technical Investigation Process - HEIDS (18 December 2003)

ARCHIVED

This document describes an investigation process, the legal issues to be considered and provides guidance in formulation of an institutions policy in dealing with incidents of computer misuse and their subsequent investigation at institutions.

ARCHIVED: Legal Risks and Liabilities for IT Services in Further and Higher Education (1 October 2003)

ARCHIVED

Practical guidance for colleges and universities dealing with the legal liabilities which may arise when providing and operating IT facilities.

ARCHIVED: Duty of Care in the Further and Higher Education Sectors (1 October 2002)

ARCHIVED

An examination of what legal duty of care is required in the ICT environment by FE and HE institutions.

If we provide remote access to our CRM from abroad, what are the legal considerations? (14 May 2013)
This question raises an interesting issue regarding ‘access’ overseas and ‘transfer’ overseas but unfortunately the legal position is unclear. Read on to find out more.

What's the legal position of transporting encrypted equipment abroad? (13 May 2013)
The Export Control Organisation (ECO) do have rules on what can and cannot be exported to certain countries. This FAQ explores what they have to say on the question of taking encrypted laptops abroad.

Does a college need a learner's permission to share information with their parent or guardian if they are under 18? (01 March 2013)
When processing a learner’s personal information (relating to a living and identifiable individual), you must do so fairly and lawfully, in line with the Data Protection Act 1998 (DPA) and the principles therein.

Is a college/university required to report a data breach to the ICO? (11 February 2013)
A college or university is not, in most circumstances, a provider of services to the public and as such is not required to notify the ICO of a data breach under new obligations imposed by the Privacy and Electronic Communications (EC) Directive Regulations 2003 (PECR).

We would like to publish details on our website about past students, including name, year graduated and course. Is this allowed? (16 November 2012)

The short answer is that the details about individuals mentioned above are likely to be considered personal data and as such the data protection legislation applies.

Can a company be the author of a copyright work? (16 November 2012)
While a company can own the copyright in a work (and will do so in relation to copyright works created by employees in the absence of agreement to the contrary), the duration of copyright is still linked to the original author.

Do we need to get parental consent for students (16+) to watch unfiltered content on YouTube? (29 October 2012)
In order to meet the duty of care owed to learners, a college will have to show it has taken adequate precautions to prevent reasonably foreseeable loss or harm occurring.

Can I be compelled to have my photograph taken and displayed on a staff photo board? (8 October 2012)
As an employee you are required to comply with reasonable instructions from your employer.

In terms of copyright, what is “commercial activity”? (17 September 2012)
Unfortunately there is no case law to define whether an activity is ‘commercial’ or not, and there is no definitive wording within the Copyright, Designs and Patents Act 1988.

Can materials created for in-house use made up of licensed video be used in a conference presentation outside the institution? (17 September 2012)
There are two separate aspects to be considered whether materials, created for in-house use from licensed video, can be used in a conference presentation outside the institution.

Our employed apprentice students require access to MIS information which may be sensitive. Is this allowed? (11 September 2012)
Where a college employs students as apprentices and provides them access to MIS information as part of the responsibilities of their job and this enables them to view the records of other students this would not be a breach of data protection law in itself.

What Does the New "Cookie" Legislation Require us to do? (15 December 2011)
The law has changed that applies to how institutions must use cookies.

Where can we get practical, relevant staff development training on ICT and law issues such as copyright, data protection and e-safety? (3 June 2011)
We are pleased to announce the launch of JISC Legal Plus - a new staff development service bringing JISC Legal's expertise to your institution at competitive prices... (cont'd)

Defamation Bill Receives Royal Assent

The purpose of the reforms is to ensure that defamation legislation is fit for modern times. The Act aims to strike a balance between the right to freedom of expression and the protection of reputation.

Email Content Not Considered as Property (5 February 2013)
A High Court judge (in England and Wales) has ruled that businesses do not have a general claim of ownership over the content in staff emails.

Digital Economy Act's Anti-Piracy Measured Delayed (1 May 2012)
The Digital Economy Act 2010 was given royal assent late on Thursday, 8 April 2010, following the final reading of the Digital Economy Bill in the House of Commons, the previous night.

What Does the New "Cookie" Legislation Require us to do? (15 December 2011)
The law has changed that applies to how institutions must use cookies.

Personal Opinions Online Subject to the DPA (9 December 2011)
The High Court states that even where private individuals are expressing their own views online the requirements of lawful processing in the DPA can apply.

Jan 2012 Deadline for Institutions' Compliance with Equality Duty (15 November 2011)
The Equality Act 2010 (Specific Duties) Regulations 2011 are now in force and require that Equality Duty compliance information must be published by the end of January 2012.

Preece v JD Wetherspoons plc – Employee’s Facebook Comments Constitute Gross Misconduct (18 October 2011)
Recent case law has highlighted the risks of posting inappropriate comments to social networking sites and the importance of institutions having in place a robust internet use policy for both staff and learners, including a policy on the use of social media, to manage such risks.

What's Personal and What's Anonymous Data? (16 June 2011)
A data controller is able to anonymise originally-personal data to make it free of data protection law constraints.

New Equality Obligations in Place This Week (5 April 2011)
The general Equality Duty under the Equality Act 2010 comes into force this week (5/04/2011) and places three broad requirements on the public sector including colleges and universities.

Proposed New EU Rules to have Child Pornography Online Deleted (16 February 2011)
The EU has taken a step towards common rules for cracking down on those who sexually abuse children and post images of the abuse on the internet.

Defamation Bill 2011 (11 February 2011)
This bill seeks to amend current defamation legislation and is progressing through Parliament. The main focus of the bill is to make sure that defamation legislation is fit for modern times.

What Constitutes Personal Data? (6 October 2010)
Data protection law needs to provide more clarity on what actually constitutes personal data.

Wanted - Your Views on New Public Sector Equality Duty (20 August 2010)
A consultation by the GEO seeks views on proposals for draft regulations on the new public sector equality duty.

Equality Act Receives Royal Assent (14 April 2010)
On 8 April 2010 the Equality Act received royal assent after completing its parliamentary process.

Don't Bank on Disability Alternatives Being Reasonable (19 February 2010)
The Royal Bank of Scotland recently lost their appeal against the decision that they were in breach of the Disability Discrimination Act 1995.

Data Breaches - ICO Raises the Stakes (28 January 2010)
Institutions falling to report data breaches can face financial penalties from April 2010

Sorting Out Your Records Collection (19 January 2010)
A council were found to be in breach of the Data Protection Act after sensitive personal data relating to social work records were found in a filing cabinet bought by a member of the public.

The Equality Bill (4 December 2009)
On the 24 April 2009 the Equality Bill was introduced in the House of Commons and was published on 27 April with a view to achieving Royal Assent in the spring 2010.

Increased Penalties for Data Misuse (19 October 2009)
In response to a call from the Information Commissioner’s Office (ICO) the government are consulting on amending the Data Protection Act 1998.

Defamation on the Internet - Consultation (16 September 2009)
The Ministry of Justice seeks views on updating defamation law so it is fit for the modern age.

Meaning of Public Authority (1 July 2009)
The definition of a public authority for the purposes of the Human Rights Act 1998 is being clarified in a new parliamentary bill

Blogger Loses Right to Anonymity (18/06/2009)

The High Court has ruled that a blogger has no reasonable expectation to anonymity due to the public nature of the activity.

Fair's Fair in Patent Share (17 February 2009)
Two researchers should receive compensation for a patent that was of 'outstanding benefit' to their employer the High Court has ruled.

Defining Disability Discrimination: A Judicial Update (7 July 2008)
The House of Lords, in the case of London Borough of Lewisham v Malcolm [2008] UKHL 43, clarifies the meaning of "less favourable treatment" in relation to disability discrimination.

Joint Committee on Human Rights report on Data Protection and Human Rights (19 March 2008)
Government is criticised for not giving the issue of safeguarding personal data sufficient importance when formulating primary legislation.

Guide to Social Networking in the Workplace

ACAS guide offers practical tips on the impact of social networking on discipline and grievances, bullying, defamation, data protection and privacy.

(03/11/11)

Equality Act 2010 - A Summary Guide for Public Sector Organisations

Guidance for public sector organisationsaims to make current equality law more consistent, clearer and easier to follow in order to make society fairer.

(20/08/10)

Equality Act 2010

Guidance for organisations and employers on the implications of the Equality Act 2010 available at: http://www.equalities.gov.uk/equality_act_2010/equality_act_2010_what_do_i_n.aspx.

(21/07/10)

Employment Law Newslinks

Improving Access to Copyright Works for Visually Impaired People

The IPO is holding an open meeting to discuss draft WIPO copyright treaty proposals that aim to harmonise copyright exceptions for visually impaired people.

University Sends Personal Data to Wrong Recipient
An English university, according to a BBC news story, sent an individual’s confidential documents to a former student with the same name.

ICO Publishes New EIR Guidance
The ICO has published new guidance on the Environmental Information Regulations 2004.

SIC Updates Vexatious Briefing
The Scottish Information Commissioner has recently updated her guidance on dealing with vexatious requests.

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