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. 

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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. 

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This FAQ considers whether, in terms of the CDPA, consent is required to record student presentations for the purpose of examination. Consideration is also given to the application of consent in relation to performers' rights and to Schedule 2, Rights in Performances.  The implications of data protection legislation are discussed.  

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This FAQ considers whether the Copyright, Designs and Patents Act 1988 (as amended by The Copyright (Visually Impaired Persons) Act 2002) permits the making of copies of copyright works in alternative formats for a person with disabilities.

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This FAQ deals with the permissions required along with accompanying restrictions for use of Microsoft copyright material. 

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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.

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Institutions may be asked by the police for information about students or staff in order to help them with their investigations.  Unless presented with a court order, you may choose whether or not to supply such information.... (cont'd)

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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).

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Dropbox and Evernote are both cloud computing services, adopting a cloud computing service does not change an institution''s legal duties but requires a reassessment of the risks, and may involve changing the processes which ensure compliance. This FAQ considers the legal issues pertinent to adopting such a service.  

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By virtue of section 654 of the Companies Act 1985 or Section 1012 of the Companies Act 2006, depending on when the company was dissolved, all its property and rights in England and Wales (but not its liabilities) pass to the Crown as bona vacantia. 

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Yes, if you are using your website to provide a service the Equality Act 2010 states that you should not discriminate against disabled persons in the provision of the service.

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The short answer is that this is a valid FOI request which legally the college will need to respond to in terms of the Freedom of Information Act 2000 (FOIA).

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Book covers are likely to be copyright-protected works in themselves, and also often contain third party ‘artistic works’.  Copying these digital images and making them available to the public  without permission will be an infringement.

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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.

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 Scotland has its own Freedom of Information legislation. The Freedom of Information(Scotland) Act 2002 has been fully in force since ... (cont)

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Many consider that it’s good practice to obtain permission and judge that it’s better to be safe than sorry.  Most rights owners are likely to agree to usage which will promote their products.  

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The simplest way of addressing this is to remind users that it is the institution's responsibility to comply with the JANET Acceptable Use Policy ... (cont)

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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. 

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The purpose of this communication is to dispel a recent misconception about what the current HE Copyright Licence permits in respect of the provision of copyright material to non-UK students overseas.

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The general rule of UK defamation law is that the publisher of a defamation faces liability and this applies to FE and HE institutions as publishers in the same way as to any other publisher.  

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As an employee you are required to comply with reasonable instructions from your employer. 

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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.   

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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.

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The ERA licence scheme permits the making of recordings of broadcasts by or on behalf of an educational establishment for the non-commercial educational purposes of that establishment.

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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. 

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The consultant will own the copyright in the materials created as part of the consultancy in the absence of an agreement to the contrary.

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It is possible to adapt some that are available online providing you comply with the licence conditions. 

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The seventh data protection principle provides that "Appropriate technical and organisational measures shall be taken  ... (cont)

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Covert monitoring is surveillance of online activity without giving the users involved specific notification that this is going on.  It clearly has legal implications relating to ... (cont)

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The general rule of UK defamation law is that the publisher of defamation faces liability.  This applies to FE and HE institutions in the same way as ... (cont)

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Firstly it is necessary to try and distinguish between emails which contain information which are business records and emails which are just  ... (cont)

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Some software permits staff to view from a remote device what students are viewing on their computer screens.  What are the legal implications of using such software?

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Copyright in a work is not infringed by lending by an educational establishment. However you may find that a restriction ... (cont)

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The ERA licence is required not only to make recordings of programmes broadcast by its members but also to retain and use those recordings.

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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 ... (cont)

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A college or university will require a TV licence and a PRS and PPL licence to show free to view television channels on TV screens in public spaces.

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Where copyright infringing third party material is included in an ‘e-thesis’, liability will lie with all parties who have taken part in the activity that is infringement. 

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Learners have a right of privacy to personal communications (article 8 of the European Convention on Human Rights) but colleges have ... (cont)

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Under the terms of the Copyright, Designs and Patents Act 1988 librarians can make a copy of an article on behalf of a student provided that they comply with the provisions set out in ss.38 and 39.

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Where research papers are bequeathed to an institution copyright, data protection and freedom of information are relevant legal areas to consider, and the issues are summarised in the FAQ.

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Emails although sent from a staff member's private email account can still be subject to FOIA.  

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The Educational Recording Agency (ERA) has been in discussions with the BBC and Channel 4 to change their terms and conditions to include their on-demand services as services which falls within the ERA licence. 

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Using video clips in a VLE.

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The first step to putting the film content into the VLE is likely to involve making a copy of the content (uploading the content directly from the CD/DVD, for example).

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The short answer is that it depends what you are doing with the online newspaper content.  Making multiple copies or copying large portions of online newspaper will require permission from the rights holders usually in the form of the NLA End User Licence.

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By virtue of s.35 of the Copyright, Designs and Patents Act 1988 (CDPA) an institution is entitled to record broadcasts and communicate the recordings to students situated within the institution [AF1] provided that the recording is....(cont'd)

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Performance rights exist independently of copyright and moral rights in any work.  The performer is the first owner of the performance and will have rights in their performance and any recording, film or broadcast of that performance. 

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Under the Freedom of information Act 2000 (FOIA) at s.1(1) any person making a request for information held by a public authority is entitled to have it provided to him.  Most colleges and universities are public authorities under the FOIA and student coursework held by a university or college would be ‘information held’.

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The fees regulations under FOI broadly cover 2 areas- (1) Fee charges for information provided through the publication scheme and (2) fee charges for specific information requests

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