JISC Legal : June 2010

Welcome to the JISC Legal newsletter covering what's been happening in April and May 2010.

JISC Legal is currently producing a guidance document on the Digital Economy Act 2010 and what it means for colleges and universities.  In addition to explaining the act, it provides practical information on how its implementation will affect colleges and universities. It will be available soon, so please look out for it on our website!

We were happy to meet with many of you at the JISC Conference 2010.  For those of you unable to attend the conference, the presentation made by JISC Legal Service Manager Jason Miles-Campbell on “Living with IPR- The web, the law, and academic practice” is available to download here: http://www.jisc.ac.uk/events/2010/04/jisc10/programme/ipr.aspx.

Our Service Manger, Jason Miles-Campbell will be the keynote speaker at RSC Scotland South and West’s ‘Best of the West’ eventon Thursday, 3 June.His presentation will be on ‘Safeguarding and Meeting Your e-Safety Duties’. JISC Legal will also be presenting this month at the Higher Education Academy's Annual Conference. The presentation on 22 June is ‘Open Educational Resources: Legal Lessons Learned’.  If you are interested in Open Educational Resources and will be at the conference, we hope to see you there!

JISC Legal will also be at many Regional Support Centre events in June: RSC Yorkshire & Humber (10 June); RSC East Midlands (22 June); RSC Northwest (22 June); RSC South West (24 June); RSC London (25 June); and RSC Wales (30 June).

In addition to having slides from JISC Legal presentations available on our website, we have posted many presentations on SlideShare.  We are also active on Twitter, Vimeo, YouTube and Delicious. 

1. Legal News Digest for FE and HE
2. New JISC Legal Publications
3. Upcoming JISC Legal Events

In the Queen's speech, the Freedom Bill is described as a new piece of legislation to return freedoms to the general public and repeal previous complex and unnecessary laws.  The main proposals include: extending the Freedom of Information Act to ensure transparency; protecting historic freedoms through the defence of trial by jury; reforming libel laws to protect freedom of speech; scrapping the ID card scheme and the National Identity Register; and adopting the protections of the Scottish model for the DNA database, thus reducing the time people's details are held.  In addition, the Bill proposes safeguards against the misuse of anti-terrorism legislation, further regulation of CCTV and the repeal of unnecessary criminal offences.  The Bill also puts forward proposals to end storing information without good reason on internet and email systems.  The legislation is now subject to review.  These significant recommended changes will be of direct relevance to FE and HE institutions.  For further information, please go to: http://www.number10.gov.uk/queens-speech/2010/05/queens-speech-freedom-great-repeal-bill-50647. 

The European Commission has approved new model clauses that are relevant where data controllers transfer personal data for processing outside the European Economic Area (EEA).  From 15 May, any subsequent processing which is operated outside the EEA is subject to the same conditions and instructions as stipulated by the data controller.  The new clauses include provision that any sub-processing requires the consent of the data controller, and that the data controller has an up to date list and copies of any sub-processing contracts.  These contracts and the list must be available to the Information Commissioner on request.  This development will be applicable to any FE or HE institution acting as a data controller, where personal data is transferred abroad and outside the EEA for processing.   For more information, please refer to: http://www.out-law.com/page-11028.

JISC Procureweb, a fellow JISC Advance support service hosted by Cardiff University, is looking for a talented, enthusiastic and committed Director to drive forward its strategy and development.  If you are or have been involved in procurement, or know someone who has such experience, details are on Cardiff University's website at http://www.cardiff.ac.uk/jobs/insrv/director---procureweb-1553.html, and on The Guardian's job website at http://jobs.guardian.co.uk/job/992321/director/.  Closing date is 3 June 2010.

A dispute over copyright has arisen between a professor and his former employer, Newcastle University.  Professor Weetman asserts that his former employer breached his copyright by using teaching slides created by him in subsequent presentations and storing them on the university website.  Professor Weetman claims he had a verbal agreement with the university to retain copyright in the materials.  However, the university argue that copyright was retained by them in the work, as is the policy for all teaching materials.  They also state that there was no actual agreement as regards copyright in the work, and that any copying that took place was insubstantial.  This is a stark reminder to all staff working in HE and FE to check the copyright policy in their institutions and, when negotiating copyright ownership, to ensure the agreed terms are clear and contained in their written contract of employment.  For more information on this story, please refer to: http://www.timeshighereducation.co.uk/story.asp?sectioncode=26&storycode=411550&c=1.

A survey by the Business Software Alliance (BSA) has found that Europeans are unclear about where their personal data is stored online and who should take the lead in protecting their online data.  This poll indicated that Europeans prefer an EU or international approach to cyber-security over separate national approaches. More information can be found at: http://www.bsa.org/country/News%20and%20Events/News%20Archives/enGB/2010/enGB-04132010-cybersec.aspx#_ftn1.

A member of Gwent police force is facing possible dismissal, after accidentally sending an email attachment to a journalist containing the results of criminal records bureau (CRB) checks.  The serious breach of 10,000 individuals’ sensitive personal data  occurred through simple human error, when the excel spreadsheet containing full names, date of birth and occupations of individuals in roles requiring CRB checks going back to 2001, was sent with the journalist’s email address unknowingly automatically added to the intended recipients.  Gwent police have immediately tightened IT security systems so a similar incident cannot happen again.  However, the huge impact of this simple human error could have been drastically lessened had the CRB data had been encrypted or linked to a password protected file, rather than openly attached to an email.  Institutions are urged to always use the highest levels of IT security when sending sensitive personal data electronically. For the full report see http://www.theregister.co.uk/2010/04/16/gwent_police_data/.

A research report carried out by Salford University claims that many schools are currently breaching data protection legislation by neglecting to inform pupils that monitoring is taking place and failing to explain the purpose for such monitoring.  This story is a reminder to all institutions of their obligations under the Data Protection Act when making use of CCTV and other forms of monitoring.  For more information, please go to: http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=1443:schools-use-of-cctv-breaks-data-protection-laws-claims-new-research&catid=59:governance-a-risk-articles.  The Information Commissioner's Office provides guidance on the use of CCTV at: http://www.ico.gov.uk/for_the_public/topic_specific_guides/cctv.aspx.

On 8 April 2010 the Equality Act received royal assent after completing its parliamentary process on 6 April.  It is an Act designed to make the law easier to understand and implement by simplifying 116 pieces of equality legislation into one single Act.  The provisions in the Equality Act will come into force at different times to allow time for those that are affected by the new laws to prepare for them.  The main provisions will come into force in October 2010.  The integrated public sector Equality Duty, the Socio-Economic Duty and dual discrimination protection which in various ways will directly effect FE and HE institutions will come into force in April 2011.  The ban on age discrimination in provision of goods, facilities, services and public functions will come into force in 2012.  Further details of the Act can be found on the Government Equalities Office (GEO) website at http://www.equalities.gov.uk/equality_bill.aspx.

The Digital Economy Act 2010 was given royal assent late on Thursday, 8 April 2010, following the final reading of the Digital Economy Bill in the House of Commons, the previous night. The Bill was rushed through the parliamentary process in a period known as the ‘wash up’ in preparation for the election. One of the most debated clauses, clause 18, relating to digital copyright infringement, has been redrafted. The latest version sees file-sharers accused of infringing copyright having their internet connections suspended, through ‘blocking injunctions’ without the opportunity to be heard before a court. This could have serious consequences for internet providers including universities, colleges and libraries. In another amendment, clause 43 of the Bill (formerly 42) relating to ‘orphaned works’, where the copyright owner cannot be legitimately traced, has been dropped completely. The Act will also give policing powers to Ofcom, although it has suggested there are concerns over how to implement these.

A recent High Court ruling held that the operator of a blogging website can avoid liability for content posted on his website so long as he does not interfere with the original posting.  Making adjustments to the posting including fixing spelling or grammar could lose him that defence.  Under the terms of the e-Commerce Directive Internet Service Providers (ISPs) as well as other web hosts and search engines are exempt from liability for information that they store provided that  they had no involvement in creating or editing the post, further it must be removed once they are aware that it breaks the law.  FE and HE institutions, as service providers, are cautiously reminded of the legal risks associated with such websites and the importance of a notice and take down policy to mitigate circumstances regarding material that could be posted by their users.  For the full judgment please refer to : http://www.bailii.org/ew/cases/EWHC/QB/2010/690.html. 
(09/04/2010)

JISC Digital Media has produced a guide to font licensing entitled “Fonts: Basic Guide to Font Licensing”.  This guide provides detailed information on using End User License Agreements and provides details specific to Adobe, Microsoft Office and Apple.  The guide can be found at: http://www.jiscdigitalmedia.ac.uk/crossmedia/advice/fonts-basic-guide-to-font-licensing/.

New ICO Fines from 6 April

As stated in a previous news story, from 6 April 2010 the Information Commissioner's Office will have the power to serve notices requiring organisations to pay up to £500,000 for serious breaches of the Data Protection Act.  Full details of the new powers and access to the ICO Guidance can be accessed from our earlier news story at:
http://www.jisclegal.ac.uk/ManageContent/ViewDetail/tabid/243/ID/1228/New-Penalties-for-Serious-Data-Protection-Breaches-13012010.aspx. 
(06/04/2010) 

JISC Legal willbe releasing a guidance document in Juneon the legal issues that may arise in relation to recording and storing lectures in UK further and higher education.  Please look out for it on our website!

As mentioned in last month's newsletter, JISC Legal has created a series of five short guidance videos on Business and Community Engagement (BCE).  In addition, we have produced three guidance documents related to BCE and competition law:

1) ‘BCE - How to Play Fair - A User's Guide’

2) ‘Competition and State Aid - What is the Law?’ and

3) ‘Providing Funds for Business and Community Engagement’

These guidance documents are available from the BCE Theme page of our website under the 'Publications' tab at: http://www.jisclegal.ac.uk/Themes/BusinessandCommunityEngagement.aspx. 

JISC Legal's latest webcast offering on e-Safety takes is also available to download.  Further details are available from the website at: http://www.jisclegal.ac.uk/Webcasts.aspx. 

JISC Legal @ RSC Scotland South and West 'Best of the West 2010' Event (03/06/2010)

JISC Legal Service Manager Jason Miles-Campbell will be the keynote speaker for RSC Scotland South and West's “Best of the West 2010” event. 

JISC Legal @ HEA Annual Conference 22-23 June 2010
JISC Legal's Jackie Milne will present “OER: Legal Lessons Learned” at the Higher Education Academy's Annual Conference on 22 June 2010.

JISC Legal @ RSC Northwest Annual Event (22/06/2010)
JISC Legal's Jason Miles-Campbell will be on hand as part of the JISC Advance delegation and will be happy to answer any legal enquiries you may have.

JISC Legal @ RSC South West Conference (24/06/2010)

JISC Legal’s Jackie Milne will be at the RSC South West Conference as part of the JISC Advance delegation and will be happy to answer any legal enquiries you may have.

JISC Legal @ RSC London End of Year Event (25/06/2010)

JISC Legal’s Jackie Milne will be on hand to discuss any legal enquiries you may have.

JISC Legal @ RSC East Midlands e-fair (22/06/2010)
JISC Legal's John X Kelly will be on hand as part of the JISC Advance hub to provide information on the legal implications of using Web 2.0 technologies in and out of the classroom.

JISC Legal @ Learning in a Digital Wales Event (30/06/2010)
JISC Legal's Jason Miles-Campbell will be presenting “Using Other People's Stuff Online - Copyright Without Tears” as part of RSC Wales Learning in a Digital Wales event on 30 June 2010.

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