Welcome
Welcome to the JISC Legal newsletter covering what's been happening in August 2010.
This month we published e-Safety: Top Ten Tips, which serves as a quick reminder of the main areas to be addressed in meeting your e-Safety duty.
For further details and to keep-in-touch with developments in IT law, please check the relevant section of the newsletter.
As with previous newsletters, this newsletter has three sections:
1. Legal News Digest for FE and HE
2. New JISC Legal Publications
3. Upcoming JISC Legal Events
For up to the minute news, our full range of publications, our events diary and our three-day turnaround legal enquiry service, visit our website at www.jisclegal.ac.uk. Details of what's on offer from JISC Advance can be found at: http://www.jiscadvance.ac.uk/.
News
Germany Rules Out Facebook Search on Employees
A law, approved by the German Federal Cabinet, states that only professional social networks can be used to search for information on employees. Searching personal sites, like Facebook, would amount to a 'private fishing expedition' according to the new law. FE and HE institutions, as employers, can seek guidance on the UK position from the Employment Practices Code issued by the Information Commissioner's Office. This states that employers should make it clear 'on the application form or surrounding documents, explaining what information will be sought and from whom.' So only searches that are expected by an applicant, should be used. Searching professional sites such as LinkedIn would probably be fine, but searching personal webpages could lead to claims for discrimination and intrusion of privacy. The full ariticle is available at: http://www.out-law.com/page-11336. To access the Code, please go to: http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/employment_practices_code.pdf.
(Posted on 27/08/2010)
Ipod Generation Shuns ICT Qualifications
The UK IT industry has raised serious concerns over the worrying decrease in numbers of students taking formal ICT qualifications. Students taking ICT GCSE’s has dropped by 17% with IT related A levels dropping by 24% compared with last year, states Computer Weekly. This follows an increasing trend over the past five years. The IT professional workforce is forecast to grow at four times the average for the UK, and industry warn that current IT courses are not keeping up with the needs of business and do not engage technically savvy students. ‘At a time when computers are playing an ever more important role in our work and everyday lives, we should be able to encourage more, not fewer, students to learn how to create with technology. It's a sad loss that we're missing this opportunity,’ said Dr. David J. Harper, head of university relations at Google EMEA. To read more visit: http://www.techeye.net/business/uks-it-sector-may-suffer-as-students-ditch-computer-courses#ixzz0xcBthF5u
(Posted on 26/08/2010)
New Privacy Law Needed
Lord McNally, a government minister responsible for human rights and civil liberties, has suggested there is a ‘consensus’ that a Privacy Law is needed in the UK. This follows a number of high profile court cases where celebrities have been successful in preventing publication of newspaper stories about their private lives under the Human Rights Act 1998. Any move towards a Privacy Law may become part of the planned libel reform bill, which could become law by 2012. FE and HE institutions are reminded that, irrespective of any celebrities in their midst, learners and staff have the ‘right to respect for private and family life’ under Article 8 of the Human Rights Act. Any reform of libel law will apply equally to the online environment. Further guidance on human rights can be found at: http://www.jisclegal.ac.uk/LegalAreas/HumanRights.aspx. The full article is available at: http://www.out-law.com/page-11316 .
(Posted on 25/08/2010)
Sensitive Medical Records Left at Bus Stop
A formal Undertaking has been signed by Royal Wolverhampton Hospitals NHS Trust after the loss of over 100 of its patient records. The Information Commissioner’s enquiries revealed weaknesses in procedures and some of the data involved information concerning the physical or mental health or condition of individuals. A CD containing sensitive personal data was discovered at a bus stop near the hospital and was unencrypted with no password protection. This is one of a string of recent data loss incidents and should serve as a wake up call to all FE and HE institutions to review data handling and security procedures in order to ensure compliance with appropriate data protection principles and the effectiveness of their data protection governance activities. The key elements of a review are ‘adequacy’ and ‘compliance’ audits which focus on the documented policies and procedures and how they have been applied and are working within the institution. Further details of the particular case can be found on the Enforcement page of the Information Commissioner’s website at: http://www.ico.gov.uk/what_we_cover/data_protection/enforcement.aspx.
(Posted on 24/08/2010)
Intellectual Property to Encourage Innovation
A research programme into intellectual property and its value to the British economy has been unveiled by Intellectual Property Minister Baroness Wilcox. The research programme is designed to improve understanding of intellectual property and its economic value and includes an assessment of the role intellectual property plays in the knowledge economy. The programme will tackle core questions related to policy issues including ‘How big is investment in the copyright economy, who earns what from it and how are value chains affected by digital media?’ Further details of the research can be found on the Intellectual Property Office website at: http://www.ipo.gov.uk/iporesearch-20100824.pdf.
(Posted on 24/08/2010)
Think Twice Before You 'Send'
A survey found that, out of 2000 staff questioned, 5 per cent were reprimanded, some even losing their job, as a result of sending email gaffes. These ranged from inappropriate jokes, sending emails to the wrong person and angry correspondence sent in the heat of the moment. According to the survey, nearly a third erroneously clicked 'reply to all' instead of 'reply', and men were more likely than women to send an ill-judged message. The survey was carried out to mark the DVD and Blu-Ray launch of a televised version of a Terry Pratchet novel. This story emphasises the potentially serious consequences for all staff and learners in institutions where emails are sent over the college or university network without consideration of content or to whom they are addressed. For the full article, go to: http://www.telegraph.co.uk/technology/internet/7960068/One-in-20-people-reprimanded-for-inappropriate-emails.html.
(Posted on 23/08/2010)
Wanted - Your Views on New Public Sector Equality Duty
The Equality Act 2010 received Royal Assent in April 2010. An important part of the Act is the public sector Equality Duty, which has a key role in ensuring that fairness is at the heart of public bodies’ work and that public services meet the needs of different groups. The Act also gives ministers the power to impose specific duties, which are legal requirements designed to help public bodies including FE and HE institutions meet their obligations under the public sector Equality Duty. A consultation by the Government Equalities Office (GEO) seeks your views on the proposals for draft regulations for the specific duties and the list of public bodies that will be subject to the general and specific duties. Further details of the consultation can be found on the GEO website at: http://www.equalities.gov.uk/news/specific_duties_consultation.aspx.
(Posted on 20/08/2010)
Computer Glitch caused Public Gaffe for University
A glitch in Middlesex University’s I.T system meant 2500 acceptance letters mistakenly offering places on courses were sent out to applicants over a two week period, before being uncovered by staff. The university contacted the candidates explaining the situation via email and the hopeful students will now have to wait to hear the actual outcome, following the standard application review process, which had not taken place at the time of the bogus mail out. This highlights the importance of adequate monitoring for institutions as more administrative systems become automated. For more details see the link: http://www.metro.co.uk/news/837770-computer-glitch-sends-2-500-students-false-acceptance-letters-to-university.
(Posted on 19/08/2010)
Coming Back to Haunt You
Despite being in the very business of storing and retrieving information, Google's chief executive, Eric Schmidt, warned users against posting excessive personal information online, including on social networking sites. The article highlights the principle that once information is out there, it is out with your control and virtually impossible to erase. Mr Schmidt suggests that young people may even find they have to change their identities to avoid their 'cyber past'. This is a story that will be of interest to any FE or HE institution concerned about issues of privacy and the potential negative impact for learners who share personal information without restriction or consideration of who will have access to it in the future. To access the full article, please go to: http://www.independent.co.uk/life-style/gadgets-and-tech/news/google-chief-my-fears-for-generation-facebook-2055390.html.
(Posted on 18/08/2010)
FOI in Scotland Reaches New Landmark
All public authorities, including FE and HE institutions, need to present clear arguments when they decide to withhold information and those arguments should stand up to scrutiny in the event of an appeal. This was the advice of the Scottish Information Commissioner as he published (on Friday 30 July) his 1000th decision which ordered the Scottish Government to release information about the meetings of its Council of Economic Advisers (CEA - the group of economists and industry figures that advises the Scottish Government on economic affairs). The decision dealt with a request made by a journalist from a Scottish national newspaper, for information about the costs and administrative arrangements for the first five meetings of the CEA. Further details of the decision can be found on the Scottish Information Commissioner's website at: www.itspublicknowledge.info. Information on the duties which institutions have when responding to FOI requests can be found on the JISC Legal website at: http://www.jisclegal.ac.uk/LegalAreas/FreedomofInformation.aspx.
(Posted on 17/08/2010)
How Safe Is Your Password?
Research conducted by Experian, the credit reference agency, found that more than half of those surveyed could be at risk of identity theft by using passwords made up of information freely available online. A 'top ten' of information used included the individual's date and town of birth and the name of a previous school. Of the 2000 surveyed, more than half used the same password for different online accounts and 57 per cent admitted to using information they had posted freely on social networks and dating sites. At a time when identity theft is on the increase, this is a reminder to all staff and learners at FE and HE institutions to be aware of posting personal information online and to make use of the privacy controls available. Where possible, passwords should be robust and changed regularly. For more information on this article, go to: http://www.telegraph.co.uk/technology/internet/7946481/Britons-at-risk-of-identity-fraud-through-careless-use-of-passwords-on-internet.html
(Posted on 17/08/2010)
Now Easier to Report Abuse on Facebook
More UK Facebook users have reported suspicious behaviour following the introduction of a ‘panic button’. Once the application has been downloaded the new feature, which launched in July 2010, allows users to report abuse with one click to the Child Exploitation and Online Protection Centre (Ceop). This improvement will be appreciated by FE and HE institutions that have large numbers of users interacting on the popular social networking site. Previously a procedure involving as many as six clicks was needed to report suspicious behaviour. Further details can be found on the BBC website at: http://www.bbc.co.uk/news/technology-10953600.
(Posted on 13/08/2010)
Council 'Snoop' Breached RIPA and Human Rights
In this landmark case, Poole Council used covert surveillance over a three week period to establish whether a family lived at a particular address following an application to attend an over subscribed school in a particular catchment area. The Investigatory Powers Tribunal looked at whether the correct procedures had been adopted by the local authority and whether the use of covert surveillance violated the Human Rights Act 1998. The tribunal held that the surveillance was not necessary, not proportionate and that it breached the family's right to privacy. A full review of the Regulation of Investigatory Powers Act 2000 by the Government is expected to promote civil liberites and restrict the application of RIPA and is due to be published in the Autumn. This story is a reminder to all FE and HE instiutions that any covert surveillance should be authorised and only be granted in certain limited circumstances: where the predominant purpose is to prevent or detect crime and where this is necessary and proportionate. For more information on this article, go to: http://www.bbc.co.uk/news/uk-england-dorset-10839104.
(Posted on 13/08/2010)
Vice Chancellor Argues Universities Benefit by Giving Academics Ownership of IPR
Simon Gaskell, vice-chancellor of Queen Mary, University of London, has argued that giving academics the intellectual property rights to their work to universities will stimulate universities to have greater involvement in external engagement. He believes that his plan, emphasising commercialisation and knowledge transfer, will give academics incentives to disseminate their work to a larger audience. For further details, please go to: http://www.timeshighereducation.co.uk/story.asp?storycode=412680.
(Posted on 03/08/2010)
Publications
HMIe Report on Safeguarding Arrangements and Practice in Scotland's Colleges (25/06/2010)
An aspect report by HM Inspectors on behalf of the Scottish Funding Council to identify approaches and best practice and to make recommendations for improvement.
e-Safety Top Ten Tips (03/08/2010)
These top tips serve as a quick reminder of the main areas to be addressed in meeting your e-safety duty.
Events
JISC Legal @ eAssessment Scotland 2010 (03/09/2010)
JISC Legal presented on the legal aspects of e-Assessment at the eAssessment Scotland 2010 Conference in Dundee. The presentation can be found at: http://www.slideshare.net/JISCLegal/100903-e-assessment-dundee.
JISC Legal on RSCtv (07/09/2010)
JISC Legal's Jackie Milne will be presenting on e-Safety on RSCtv, a resource sponsored by RSC Scotland South and West.
JISC Legal @ ALT-C 2010 (7-9 September 2010)
JISC Legal will be part of a symposium on the educational and organisational benefits of cloud computing at the ALT-C conference in Nottingham.
BUFVC is hosting this event focusing on how to implement online services based on the ERA Plus Licence.
CILIP are offering a full-day training course on Copyright for Beginners, available in London on 16 September 2010.
Data Transfer & Data Breach Notification Briefing (20/09/2010)
A special two-part seminar, providing expert advice on essential areas of data privacy.
A BUFVC one-day starter course on 22 Sept 2010 for those needing to copy and use existing content in new productions and services.
Contact Us
For general enquiries, contact us on 0141 548 4939 or send us an email.
JISC Legal, Learning Services, University of Strathclyde, Alexander Turnbull Building, 155 George Street, Glasgow, G1 1RD
t: 0141 548 4939 f: 0141 548 4216 w: http://www.jisclegal.ac.uk
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