JISC Legal : e-Safety

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

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

This paper considers the legal issues which arise in relation to the taking of or possession of images (still and moving) of children for use in an Open Education Resource. 

This template is intended as a guide to help colleges write an effective e-safety policy that reflects their unique college community and context.

This podcast, created for the JISC Innovation and e-Learning Conference 2010, explores FAQs on the legal aspects of recording lectures.

These Top Ten Tips were created to celebrate JISC Legal's 10th anniversary, all the while looking forward to the challenges UK FE and HE will face in the next ten years.

These top tips serve as a quick reminder of the main areas to be addressed in meeting your e-safety duty.

This guidance examines the legal implications of recording lectures at UK FE and HE institutions, focusing mainly on the issues of copyright and consent.

Background Video for England
Safeguarding: Meeting your e-safety duties (England)

Background Video for Northern Ireland
Safeguarding: Meeting your e-safety duties (Northern Ireland)

Background Video for Scotland 

Safeguarding: Meeting your e-Safety Duties (Scotland)   

Background Video for Wales
Safeguarding: Meeting your e-safety duties (Wales)  

Information on and examples of acceptable and unacceptable use of computer systems as well as practical tips on dealing with computer crime.

A short guidance video on the legal duty of institutions to safeguard learners within the context of e-Safety. 

A checklist of questions for institutions to consider when updating or framing an e-safety policy.

This webcast was designed to assist institutions in meeting their legal duties and inspection needs in relation to safeguarding and e-security.

This Checklist has been specifically created by JISC Legal to assist tutors delivering Web 2.0 technologies.

An examination into the extent to which FE or HE institutions are responsible for content which is made available on their computer systems. 

Essentials guide for FE and HE on ISP liability for online content.

Some links to further resources.

There are two legal issues here, the first concerns data protection, and the second concerns your duty of care to employees.

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)

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)

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)

 JISC Legal offer you a variety of resources to help you do this ... (cont)

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

 Again, this is a decision for the college or university. What matters is that issues, procedures and guidance associated with safe online practices are ... (cont)

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

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 new Education Act 2011 will focus inspection in four ‘core’ areas, one of which is behaviour and safety, which includes e-Safety.

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.

Fines of up to £500,000 for the most serious incidents of sending unwanted emails.

The EU has taken a step towards common rules for cracking down on those who sexually abuse children and post images of the abuse on the internet.

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.

This significant case confirms that copyright can subsist in a newspaper headline. It also confirms that a user that pays for a web monitoring service requires a licence from the newspaper or the NLA.

Data protection law needs to provide more clarity on what actually constitutes personal data.

A consultation by the GEO seeks views on proposals for draft regulations on the new public sector equality duty.

On 8 April 2010 the Equality Act received royal assent after completing its parliamentary process.

Removing potentially libellous material posted by website users as soon as possible can protect from liability

Further to consultation on The Regulation of Investigatory Powers Act 2000, the Home Office has published new Codes of Practice that will come into force on 6 April 2010.

In response to a call from the Information Commissioner’s Office (ICO) the government are consulting on amending the Data Protection Act 1998.

The Ministry of Justice seeks views on updating defamation law so it is fit for the modern age.

The High Court has ruled that a blogger has no reasonable expectation to anonymity due to the public nature of the activity.

European Court of Human Rights maintains a new defamation action can be brought for every access to online defamatory material.

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

With input from JISC Legal, JISC has put out a summary of "Resources to help combat cybercrime" - helping institutions avoid the consequences of being a victim of computer misuse, or being an inadvertent agent in some else's criminal activity.

Janet Guidelines to assist universities and colleges in handling indecent images of children found on their information systems.

This publication by JISC infoNet, the Association for Learning Technology and the Higher Education Academy explores whether e-Learning is delivering tangible benefits for learners, teachers and institutions.

JISC Legal contributed to this factsheet, which provides guidance to universities on how to manage opening up computer systems to children and vulnerable adults in situations such as open days, school visits or summer school.  The factsheet is available at: http://www.ja.net/documents/publications/factsheets/080-children-and-vulnerable-guests.pdf.

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

A course designed to introduce tutors and managers to the issues involved in making information technology safe for learners.

JISC Techdis, a JISC Advance service, works with the HE and FE sector in the UK in the field of accessibility and inclusion. http://www.jisctechdis.ac.uk/

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.

A report published following the introduction of new vetting and barring legislation affecting college staff, support workers and volunteers.

Checklists to help you review your e-safety approach and provision.

Specific e-safety policy template available.

e-Safety resources, including a sample audit and core policy.

To assist further education to analyse and review their use of technology in learning.

Schools and colleges can assess their own level of e-safety using this online tool.

Founded in 2002, the Anti-Bullying Alliance provides information on how to effectively tackle bullying in different environments.

Safeguarding is a crucial and influential part of the college inspection and review process.  This will include the e-safety of learners.

The Internet Watch Foundation, established in 1996, aims to minimise the availability of online criminal content.

The Child Exploitation and Online Protection (CEOP) Centre delivers a multi-agency service dedicated to tackling the exploitation of children.