FAQ Archive
Posted on January 27, 2012 09:42
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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Posted in:
FAQ,
Data Protection,
Freedom of Information,
Management,
IT,
Tutor/Lecturer,
Northern Ireland,
Scotland,
England,
Wales,
Information Governance,
e-Administration,
e-Portfolios,
Records Management
Posted on January 18, 2012 12:31
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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Posted on December 21, 2011 12:54
In short this use will be considered as a public performance for entertainment purposes and therefore s.34 of the Copyright, Designs and Patents Act 1988 ... (
cont)
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IT,
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Library,
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Northern Ireland,
Scotland,
England,
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Copyright/IPR
Posted on December 21, 2011 12:50
In terms of copyright law, screenings by a university or college film club will be considered as showing a work in public and as such will be one of the restricted acts which the copyright owner is able to control under the
Copyright Designs and Patents Act 1988 (CDPA).
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FAQ,
Management,
IT,
Tutor/Lecturer,
Library,
Jurisdiction,
Northern Ireland,
Scotland,
England,
Wales,
Copyright/IPR,
Information Governance
Posted on December 21, 2011 12:47
The Motion Picture Licensing Company (MPLC) Umbrella licence (available at
http://www.mplcuk.com/ is not required when showing DVDs or pre-recorded films for educational purposes, for the following reasons:
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Posted on December 21, 2011 10:05
Any monitoring of systems, even if it is minimal, must be done only after consent has been sought from the persons who are subject to monitoring
... (cont)
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Posted in:
FAQ,
Data Protection,
Interception and Monitoring,
Computer Misuse,
Management,
IT,
Northern Ireland,
Scotland,
England,
Wales,
e-Safety
Posted on December 16, 2011 16:45
To stream a feature film there are two issues involved, and two possible sets of permission required .... (cont)
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FAQ,
Management,
IT,
Tutor/Lecturer,
Library,
Administration,
Northern Ireland,
Scotland,
England,
Wales,
Copyright/IPR,
Information Governance,
Curriculum Design,
e-Learning,
Web 2.0
Posted on December 15, 2011 11:00
The law has changed that applies to how institutions must use cookies.
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Posted in:
FAQ,
Data Protection,
Interception and Monitoring,
Hosting Liability,
Management,
IT,
Administration,
Northern Ireland,
Scotland,
England,
Wales,
Employment Law,
Information Governance,
e-Administration,
e-Portfolios,
Identity Management,
Web 2.0,
Law Watch
Posted on November 30, 2011 10:01
Data protection and other legal issues remain the same for a college or university when hosting, offering or using blogs, wikis, and any other ... (
cont)
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Posted in:
FAQ,
Data Protection,
Hosting Liability,
Management,
IT,
Tutor/Lecturer,
Northern Ireland,
Scotland,
England,
Wales,
Copyright/IPR,
Accessibility Law,
Defamation,
Harassment,
Information Governance,
e-Learning,
Web 2.0,
e-Safety
Posted on November 04, 2011 13:00
PRS and PPL licensing are two independent schemes that represent the interests of different rights holders for the use recorded and live music ... (
cont)
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Posted on October 28, 2011 13:37
It is important to recognise that in any situation where a data controller is using a data processor, the data controller remains responsible for compliance with the Data Protection Act 1998 (DPA).
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Posted in:
FAQ,
Data Protection,
Interception and Monitoring,
Hosting Liability,
Management,
IT,
Library,
Administration,
Northern Ireland,
Scotland,
England,
Wales,
e-Administration,
Identity Management,
Web 2.0,
Cloud Computing
Posted on October 27, 2011 12:00
The Data Protection Act 1988 (DPA) limits the transfer of personal data to countries within the European Economic Area (EEA) (the eighth data protection principle).
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Posted on October 13, 2011 11:29
The US Patriot Act is intended to assist terrorism prevention in the US and permits access to data by the US intelligence services in certain circumstances, including, but not limited to, in the interests of national security
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Posted on August 31, 2011 15:49
One of the legal rights a copyright holder has is the right to control the renting or lending of a work to the public. Copyright in a work is not infr...
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FAQ,
Management,
Tutor/Lecturer,
Library,
Northern Ireland,
Scotland,
England,
Wales,
Copyright/IPR,
Information Governance,
e-Learning,
Web 2.0
Posted on August 31, 2011 14:45
Posted on August 31, 2011 11:48
Amazon encourage multiple purchase of their Kindles for use in education, however at present this does not extend to multiple use of digital con...
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FAQ,
Management,
Tutor/Lecturer,
Library,
Northern Ireland,
Scotland,
England,
Wales,
Copyright/IPR,
e-Learning,
Web 2.0
Posted on August 04, 2011 11:40
The Equality Act 2010 places a legal obligation on FE and HE institutions to not discriminate against staff, learners and other users and visitors to the institution because of a disability.
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FAQ,
Management,
IT,
Tutor/Lecturer,
Library,
Administration,
Scotland,
England,
Wales,
Accessibility Law,
Research,
Information Governance
Posted on July 28, 2011 11:25
The length of time that you keep student data for will depend on two factors: the first is good records management practice, and the second is compliance with the Data Protection Act 1998.
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Posted on July 19, 2011 16:17
If you are thinking of signing-up to a US hosted e-learning service, your data will be hosted on US servers so you will have to take into account your...
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Posted on July 05, 2011 12:25
There are two legal issues here, the first concerns data protection, and the second concerns your duty of care to employees.
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Posted in:
FAQ,
Data Protection,
Hosting Liability,
Management,
IT,
Administration,
Northern Ireland,
Scotland,
England,
Wales,
Information Governance,
e-Safety
Posted on June 29, 2011 14:59
The answer is that it depends on what is permitted by the owner of the rights in the work being copied and made available to learners.
...
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Posted on June 29, 2011 14:23
The short answer is yes, you are required to obtain consent from students before you pass their details to a third party.
"Consent" is ...
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Posted on June 23, 2011 16:00
Under the Data Protection Act 1988 (DPA) a college or university must ensure that the personal data relating to its staff, students and others remains secure including protecting such data from accidental loss (the seventh data protection principle)... (cont'd)
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Posted in:
FAQ,
Data Protection,
Hosting Liability,
Management,
IT,
Northern Ireland,
Scotland,
England,
Wales,
Information Governance,
Cloud Computing
Posted on June 23, 2011 15:00
The nature of the cloud is such that it is likely that more than one legal jurisdiction will be involved in relation to any particular external cloud service... (cont'd)
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Posted on June 21, 2011 13:45
When focusing on the use within OERs of materials derived from public sector information (provided under an Open Government Licence), the crux of the ...
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Posted in:
FAQ,
Management,
Tutor/Lecturer,
Library,
Northern Ireland,
Scotland,
England,
Wales,
Copyright/IPR,
Information Governance,
e-Learning,
Open Educational Resources
Posted on June 20, 2011 15:55
The Climate Change Act 2008 requires colleges and universities, directly or indirectly, to take action to reduce carbon emissions in order to contribute to the national targets for carbon reduction... (cont'd)
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Posted in:
FAQ,
Freedom of Information,
Hosting Liability,
Management,
IT,
Administration,
Northern Ireland,
Scotland,
England,
Wales,
Information Governance,
BCE - Business and Community Engagement,
e-Administration,
Research,
Records Management,
Law Watch
Posted on June 17, 2011 15:40
On the basis that you have addressed the use of the film in terms of copyright and any other relevant intellectual property rights, we shall not comme...
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Posted on June 17, 2011 15:35
The Equality Act 2010 places a legal obligation on institutions not to discriminate against learners with disabilities in their service provision (including resources and delivery of teaching).
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Posted on June 15, 2011 15:00
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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Posted on June 15, 2011 15:00
The short answer is that taking photograph of artwork (being a copy of the artwork) is likely to be copyright infringement, unless ... (cont)
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Posted on June 06, 2011 11:30
Ownership of copyright is key to the use of works created in universities and colleges, as the owner has control over their reuse. ... (cont)
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Posted in:
FAQ,
Management,
Tutor/Lecturer,
Library,
Northern Ireland,
Scotland,
England,
Wales,
Copyright/IPR,
Research,
BCE - Business and Community Engagement,
Curriculum Design,
e-Learning,
e-Portfolios,
Repositories,
Research,
Web 2.0,
Open Educational Resources
Posted on June 03, 2011 11:31
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)
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Posted in:
FAQ,
Data Protection,
Terrorism,
Human Rights,
Freedom of Information,
Interception and Monitoring,
e-Commerce,
Computer Misuse,
Hosting Liability,
Management,
IT,
Tutor/Lecturer,
Library,
Administration,
Northern Ireland,
Scotland,
England,
Wales,
Copyright/IPR,
Accessibility Law,
Defamation,
Harassment,
Employment Law,
Health and Safety,
Research,
Information Governance,
Curriculum Design,
e-Administration,
e-Learning,
e-Portfolios,
Repositories,
Research,
Web 2.0,
Records Management,
Open Educational Resources,
e-Safety
Posted on May 23, 2011 11:40
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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Posted in:
FAQ,
Data Protection,
Freedom of Information,
Interception and Monitoring,
Hosting Liability,
Management,
IT,
Administration,
Northern Ireland,
Scotland,
England,
Wales,
Information Governance,
e-Administration,
Records Management
Posted on May 19, 2011 09:41
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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Posted in:
FAQ,
Data Protection,
Computer Misuse,
Hosting Liability,
Management,
IT,
Tutor/Lecturer,
Northern Ireland,
Scotland,
England,
Wales,
Defamation,
Harassment,
Curriculum Design,
e-Learning,
Web 2.0,
e-Safety
Posted on May 06, 2011 12:55
The Open Government Licence enables users to do the following with public sector information offered for use expressly under the licence...(cont'd)
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Posted on May 03, 2011 12:20
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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Posted in:
FAQ,
Data Protection,
Human Rights,
Interception and Monitoring,
Management,
IT,
Northern Ireland,
Scotland,
England,
Wales,
Information Governance,
e-Administration,
e-Safety
Posted on April 21, 2011 12:05
JISC Legal offer you a variety of resources to help you do this ... (cont)
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Posted in:
FAQ,
Management,
IT,
Tutor/Lecturer,
Northern Ireland,
Scotland,
England,
Wales,
Defamation,
Harassment,
e-Learning,
e-Safety
Posted on April 20, 2011 12:06
The differences between the 2.5 and 3.0 suites of Creative Commons licences are summarised below, using the ‘unported’ (international) version as examples: ... (cont'd)
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Posted on April 12, 2011 11:52
The Equality Act 2010 places an obligation on educational service providers not to discriminate against students in the provision of its services ... (cont)
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Posted in:
FAQ,
IT,
Tutor/Lecturer,
Library,
Northern Ireland,
Scotland,
England,
Wales,
Accessibility Law,
e-Learning,
Open Educational Resources
Posted on April 04, 2011 09:00
The seventh data protection principle provides that "Appropriate technical and organisational measures shall be taken ... (cont)
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Posted in:
FAQ,
Data Protection,
IT,
Administration,
Northern Ireland,
Scotland,
England,
Wales,
Information Governance,
e-Administration,
Identity Management,
e-Safety,
Cloud Computing
Posted on March 29, 2011 11:30
It is not possible to relicense other people's copyright-protected work without their permission. Simply ignoring the issue is likely to result ... (cont)
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Posted on March 18, 2011 15:03
S.14 of the Freedom of Information Act 2000 (and similarly s.14 of the Freedom of Information (Scotland) Act 2002) provide a exemption to release if ... (cont)
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Posted on February 28, 2011 14:35
At the outset, it should be understood that the information available in a website, be it content, images, software, or the information as such is subject ... (cont)
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Posted on February 28, 2011 14:35
S.11(2) of the Copyright, Designs and Patents Act 1988, states that where a literary, dramatic, musical or artistic work, or a film, is made by an employee ... (cont)
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Posted on February 28, 2011 14:27
Strictly speaking data protection law treats parents of adult students as third parties and so the information provided to them should be considered ... (cont)
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Posted on February 28, 2011 14:22
The institution must consider a number of steps if it chooses not to disclose the information to the individual concerned following a subject access request ... (cont)
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Posted on February 28, 2011 14:13
Clearly the Principal has to be very careful and one of the first difficulties is that someone has to make a decision as to whether the material involved is illegal ... (cont)
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Posted on February 28, 2011 14:10
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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Posted on February 28, 2011 14:00
No, an acceptable use policy does not override the law in relation to monitoring. All monitoring must be carried out ... (cont)
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Posted on February 28, 2011 12:22
The Copyright, Designs and Patents Act 1988 (as amended by The Copyright (Visually Impaired Persons) Act 2002) contains copyright exceptions for ... (cont)
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