JISC Legal : Information Governance

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

JISC Legal is pleased to present our free Cloud Computing and the Law toolkit for FE and HE professionals. 

In this guide, you’ll find summaries of the key legal considerations of using Facebook in an FE and HE context.

An up-to-date, accessible guide for senior managers on ICT law within FE and HE.

Jason Miles-Campbell, our Service Manager, provides an informative video about licensing for educational resources, including what licences are available, and considerations in making the choice. 

This paper is written in the context of the JISC and Higher Education Academy Open Educational Resources Programme (Phase 2), and aims to address some of the background issues regarding management of intellectual property rights (IPR) in UK universities.

This JISC Legal study, funded by JISC's Information Environment Programme, addresses clear questions that arise in relation to learners’ access and identity.

This JANET factsheet on providing email accounts for alumni is intended to assist in considering all the potential issues involved, with JISC Legal contribution from a legal perspective.

JISC's Freedom of Information and Research Data: Questions and Answers, written by Andrew Charlesworth and Chris Rusbridge, is available at http://www.jisc.ac.uk/foiresearchdata.

This guidance document examines the Digital Economy Act 2010 and its implications for universities and colleges in the UK.

JISC Legal's support for projects and others in the areas of Institutional Innovation, Lifelong Learning and Workforce Development.

The Information Commissioner’s Office (ICO) has published new guidance to help institutions identify appropriate charges for requests received under the Environmental Information Regulations (EIR).

The Data Protection Code of Practice is designed to provide guidance to the FE and HE sectors on issues pertaining to Data Protection law affecting their day-to-day operations.

The FOI Essentials paper provides introductory guidance on the general right of public access to recorded information held by public authorities including colleges and universities.

This overview paper describes the relevance of the Freedom of Information Act 2000 (FOIA) for FE and HE.

An investigation into the feasibility of cross-jurisdiction common access management federation agreements.

A report on the legal aspects of common agreements for federation-identity provider and federation-service provider agreements.

Institutions who share data might be interested in the ICO's latest publication.  They have published a statutory code of practice on data sharing by public sector bodies, businesses and other organisations.

The Cloud Industry Forum has launched a Code of Practice for cloud service providers.

The consultation on a revised code of practice can be found on the Scottish Government website.

This Code of Practice identifies good practice on Records Management.

The Section 45 Code of Practice identifies practices for dealing with requests under the Freedom of Information Act 2000.  

The Data Protection Code of Practice is designed to provide guidance to the FE and HE sectors on issues pertaining to Data Protection law affecting their day-to-day operations.

The purpose of this Model Policy is to outline the circumstances in which it is permissible for an institution to access the IT accounts of staff members or students.

This framework offers practical advice aimed at assisting those involved in information sharing.

Generic guidance (widely applicable) together with sections devoted to the effect of the Act on the functions and activities associated with the work of Records Managers and Archivists.  

This section contains details of policies and legislation that relate to or have an impact on archives and records management, such as the Data Protection Act, the Freedom of Information Act and the current acts relating to archive services at local and regional levels.

The Section 60 Code of Practice on the Discharge of Functions by Public Authorities provides guidance to Scottish public authorities on practices they should follow in meeting their FOI obligations.

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A generic Model Action Plan, produced by the Keeper of the Records of Scotland, to assist Scottish public authorities in the development of records management arrangements which comply with the Freedom of Information Scotland Act (2002) section 61 Code of Practice on Records Management. 

The Lord Chancellor's "Code of Practice on the Management of Records" issued under section 46 of the Freedom of Information Act 2000 on the Department for Constitutional Affairs website at - http://www.dca.gov.uk/foi/reference/statCodesOfPractice.htm.
Section 61 Freedom Of Information (Scotland) Act 2002 - Code of Practice: Records Management (November 2003)
On the Scottish Executive web site at - http://www.scotland.gov.uk/about/FCSD/MCG-NW/00018022/s61code.pdf.

The Section 61 Code of Practice on Records Management provides authorities with guidance as to the keeping, management and destruction of the authorities' records.

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

Came into force on 31 December 2009.   

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.

The Bill proposes to extend the number of public authorities subject to its provisions and this includes the Scottish Further and Higher Education Funding Council and the General Teaching Council for Scotland but university and colleges are not currently included.

This website, which is maintained by the Intellectual Property Office provides guidance on intangible assets and how to manage these assets and create value from them - http://www.ipo.gov.uk/ian.htm.

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

This Code of Practice identifies good practice on Records Management.

The Section 45 Code of Practice identifies practices for dealing with requests under the Freedom of Information Act 2000.  

The Office of the Information Commissioner's website provides a wealth of information and guidelines on both data protection and freedom of information.

Data Protection clauses in the Coroners and Justice Bill are amended or abandoned.

Any monitoring of systems, even if it is minimal, must be made only after consent has been sought from the persons who are subject to monitoring.

The Data Protection Working Party of the EU proposed to discuss the ePrivacy Directive (2002/58/EC) on 24 and 25 June 2008.

JISC infoNet - Infokit on Records Management - http://www.jiscinfonet.ac.uk/InfoKits. In addition the schedules provide guidance on retention times for institutional records. They are organised according to broad subject areas such as financial resources, human resources and information services.  The schedules for FE are available at - http://www.jiscinfonet.ac.uk/projects/records-retention-fe/database-status. The schedules for HE are available at - http://www.jiscinfonet.ac.uk/partnerships/records-retention-he.

In October 2007 JISC infoNet launched the new Business Classification Scheme and Records Retention Schedule for Higher Education institutions.

This framework offers practical advice aimed at assisting those involved in information sharing.

In order to assist Scottish public authorities (including education institutions) who wholly own active or dormant companies, the Scottish Information Commissioner has prepared model schemes. The model schemes can be accessed from the web site at:
http://www.itspublicknowledge.info/web/FILES/pocdormant.doc  and
http://www.itspublicknowledge.info/web/FILES/pocactive.doc.

This toolkit provides details on basic concepts and techniques of records management.

The JISC Information Management infoKit was launched in September 2007 and attempts to provide a consistent framework for managing all types of internal information.

Generic guidance (widely applicable) together with sections devoted to the effect of the Act on the functions and activities associated with the work of Records Managers and Archivists.  

This overview paper briefly clarifies the current situation with regard to retention of communications traffic data by certain UK organisations.

The new proposals aim to update and harmonise the current EU data protection regime including strengthening individuals’ rights.

The law has changed that applies to how institutions must use cookies.

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.

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.

Came into force on 31 December 2009.   

(NLA) v Meltwater - In the particular circumstances of commercial news headlines and their monitoring and copying for commercial gain much of the content will attract copyright protection.

The Government has launched a consultation on Open Data.  

Vince Cable has announced that controversial plans to force ISPs to block websites that host copyright infringing material are to be dumped. 

A single European patent looks ever more likely as agreement is reached on the detail of a unitary patent.

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)

A data controller is able to anonymise originally-personal data to make it free of data protection law constraints.

A new law that comes into force today (14 June 2011) in England and Wales will make it easier to protect patent and design rights.

New supplementary guidance from the GMC entitled 'Making and using visual and audio recordings of patients' is now available from their website.  

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

The European Commission has launched a consultation on cloud computing.  This will feed into the European cloud computing strategy due to be presented in 2012.

A dedicated 'one stop shop' has been produced, telling the public about their FOI rights, and a step by step guide on how to use them.

This JISC infoNet infokit is an online resource that provides support and guidance to institutions development their RIM systems.

Queen Mary, University of London, have issued a series of papers on the legal issues associated with Cloud Computing.

JISC has launched a toolkit to allow information officers, IT directors, security managers and their staff to better understand the legal issues involved in managing identity issues.

This toolkit aims to guide information professionals in assessing cloud computing services for information use and storage, including development of a cloud computing strategy.

The site includes overview information, legislation documents and a range of reports from the specialist committees

The JISC Information Governance Gateway (JIGG) was a project that ran between 2006 and 2009, aimed at supporting and developing institutional records management and compliance with information-related legislation.

The European Network and Information Security Agency (ENISA) has published its report ‘Security and Resilience in Governmental Clouds’ which assesses the operational, legal, and security requirements of cloud computing.

Information Commissioner publishes top tips on freedom of information for public authority communications professionals.

The Scottish Information Commissioner has published an updated edition of the guide for Scottish Public Authorities on Investigations detailing the procedure followed in an investigation and what information will be required from a public authority.

This website, which is maintained by the Intellectual Property Office provides guidance on intangible assets and how to manage these assets and create value from them - http://www.ipo.gov.uk/ian.htm.

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

This IP Workbook, from Eversheds LLP solicitors, contains practical examples, questions and scenarios on a range of commercially related topics with an intellectual property (IP) dimension.

The Welsh Repository Network has published a learning tool to help you consider some of the copyright issues for multimedia respositories.

The resources on this webpage provide links to information on Interception and Monitoring law available on external websites.

The Office of the Information Commissioner's website provides a wealth of information and guidelines on both data protection and freedom of information.