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Welcome to the Summer 2011 JISC Legal newsletter for professionals working in HE, FE, specialist colleges and the skills sector.
In this edition:
News
Your round-up of the latest news stories...
Website blocking plans dumped...
Business Secretary Vince Cable has announced that controversial plans to force ISPs to block websites that host copyright infringing material are to be dumped. The provision, contained in the Digital Economy Act, was shown to be unworkable in a detailed report by Ofcom. However, the government are considering alternative measures for reducing online copyright infringement. JISC Legal provides free guidance on Hosting Liability.
Exam results sent out early after text message blunder...
The Scottish Qualifications Authority (SQA) has confirmed that nearly 30,000 Scottish school pupils received their exam results a day early. The SQA, who commissioned an external contractor to send out exam results via text message on its behalf, have launched an urgent investigation into why this occurred. This incident highlights the need for institutions using mobile technologies to have policies and procedures in place about how learners' personal data is handled.
UK to modernise intellectual property laws…
The government has accepted recommendations made by the Hargreaves review for modernising UK IP laws. Recommendations of relevance to FE and HE institutions include the need for exceptions for data/text mining, library archiving systems and the use of parody. In addition, recommendations to prevent contracts from over-riding the exceptions to copyright, possible solutions for orphan works as well as the streamlining of rights clearance processes have been supported by the government. The government's next step will be to begin reforming the UK's intellectual property systems. Alongside the government's response, a new intellectual property crime strategy and international strategy for intellectual property have been published. JISC Legal provides free guidance on Copyright/IPR.
University breached law by making student details available online...
The University of York breached the Data Protection Act by failing to close a test area on its website containing the personal details of thousands of students. According to the ICO, this resulted in 148 records being inappropriately accessed. The breach occurred in September 2009 when a member of staff failed to realise they had made an error while carrying out work on the university IT system. This error meant that students were able to access information about their classmates for over a year before the problem was identified. The university has now signed an undertaking to improve its data security. This will include testing IT systems containing personal information to ensure they are secure. JISC Legal provides free guidance on Data Protection.
Tweets could now be considered valid FOI requests...
According to recent guidance published by the ICO, tweets addressed to an institution may constitute valid FOI (Freedom of Information) requests. Twitter may not be the ideal means for submitting and responding to FOI requests, however, provided that a request complies with the requirements in Section 8 of the Freedom of Information Act 2000, there's no reason why it can't be submitted via this medium. Notably, a valid FOI request requires the requestor's real name, therefore, an institution in receipt of a request submitted using a pseudonym will not be obliged to respond (unless the requestor's real name is provided e.g. within their tweet or Twitter profile). The ICO is of the opinion that a request in a tweet that only refers to an institution in an @mention is directed to and received by that institution. This means that colleges and universities may be required to exercise increased diligence in monitoring @mentions of itself on Twitter. In summary, HE and FE institutions with Twitter accounts should now look at having procedures in place for dealing with FOI requests submitted through this channel. JISC Legal provides free guidance on FOI.
FOI decision finds request to university not vexatious...
The University of Stirling refused a FOI (Freedom of Information) request from a tobacco company on the grounds that it was vexatious under FOISA. The Scottish Information Commissioner found that the request submitted by PMI to the University of Stirling would impose a significant burden on the university, but did not consider that in the circumstances this alone was enough to deem the request vexatious (in terms of s14 of FOISA). The decision also explored where it is appropriate to seek clarification of an FOI request and the need for a reasonable approach. JISC Legal provides free guidance on FOI.
Our Training
JISC Legal Plus - Expert training in ICT law delivered direct to you
Did you know that we offer in-house training in ICT law? Our JISC Legal Plus trainers deliver staff development packages designed to bring you up-to-speed with the digital age. Visit the training section of our website for more information.
Our Publications
The latest guidance from JISC Legal...
Forthcoming Events
Events that might interest you...
Access to Information - FOI Event (26/08/11, Edinburgh)
This event, chaired by the Scottish Information Commissioner, will be of particular interest to FOI practitioners and requestors. Taking place in the form of a one hour free seminar, it will provide an overview of how to make FOI requests online and will also examine how the internet is giving us access to more government data. For more information, please visit the Scottish Information Commissioner's website.
Archives & Records Association Conference (31 Aug - 2 Sept 2011, Edinburgh)
The Archives & Records Association conference aims to shed light on recent developments across Scotland. It will include a discussion of the Public Records Bill, plus an overview of projects being run by the Scottish Council on Archives (including retention, scheduling, quality assessment and the economic impact of archives and records). Various ARA members will be presenting. For more information, please visit the Archive & Records Association's website.
Contact Us
For general enquiries, please contact us on 0141 548 4939 or email us.
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Further Information
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JISC Legal is a JISC Advance service.
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