Do the legal risks of using Facebook in education outweigh the benefits?

This is a decision for the institution to make. There have certainly been various news articles highlighting privacy and data protection concerns related to Facebook, and similar issues apply to other external social networking sites.

Where Facebook is used as a teaching and learning platform, the institution has a duty of care to ensure that the environment is ‘safe’ for learners and staff. Careful consideration is recommended before using this platform, particularly in assessing whether it is appropriate in the particular circumstances e.g.Facebook should probably not be used where confidential or sensitive information is likely to be disclosed.

Whatever your institution’s approach to the use of this technology is (unrestricted use, by approval only etc), this should be clearly explained in your up-to-date policies. Institutions should ensure that any use of Facebook is in line with all existing relevant policies e.g. e-Safety, Web 2.0, Communications, Disciplinary, Acceptable Use policies, and that appropriate risk assessment procedures are carried out.

It is essential that all staff and learners are aware of what is acceptable and what is unacceptable conduct when using external tools. It will also be worthwhile highlighting examples of positive, appropriate use of social networking platforms, and providing training and education on appropriate issues.

Staff wishing to communicate with learners through Facebook should ensure that this is in line with the college or university policy. A professional, as opposed to a personal, account may also be useful to distinguish such use in the course of learning and teaching. Any response to a breach of policy should be consistent and proportionate.

Further guidance on the use of Facebook and other social networking tools in colleges and universities can be found in the Liability Scenarios part of our webcast; Safeguarding – meeting your e-Safety Duties at
http://www.jisclegal.ac.uk/ManageContent/ViewDetail/tabid/243/ID/1281/Safeguarding--Meeting-your-e-Safety-Duties-03032010.aspx

For more information on the law relating to e-safety/safeguarding in general, visit http://www.jisclegal.ac.uk/Themes/eSafety.aspx.

Posted on 19/05/2011

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