RSC London11 May 2011

e-Safety Your Legal Duties

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Hello!Hello!

• Betty Willder JISC Legal Legal Information Specialist

• info@jisclegal.ac.uk• 0141 548 4939• www.jisclegal.ac.uk• http://twitter.com/JISCLegal

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How familiar are you with e-Safety?

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1. Beginner2. Know most of it3. Have been directly involved in e-Safety in my institution at operational level4. Have been directly involved in e-Safety in my institution at strategic level

5. Not really sure what e-Safety means

Why Does e-Safety Matter?

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1. Legal Duty2. Moral Duty3. Funding4. I was told to be here5. All of Above6.I’m Just Curious

Safeguarding and e-SafetySafeguarding and e-Safety

•Statutory duty on FE governing body•Wider than child protection•More than safe recruitment•It means having a culture of vigilance where all staff know their responsibilities...and all learners are aware of what they can expect and what to do if they have concerns.

‘Safer Recruitment and Safeguarding Learners in the FE sector’ workshop handbook 2009

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Meeting Your DutiesMeeting Your Duties

•What are the duties?•What steps can we take to meet them?

Issues

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Statutory/Common Law DutiesStatutory/Common Law Duties

•Safeguard-right to be, feel safe•Eliminate discrimination, victimisation and harassment.•Duty of care –take all reasonable steps to ensure ‘safety’ (behaviours and systems).

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A college cannot be liable for learners’ postings?

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1. True2. False

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Some Legal IssuesSome Legal Issues

•Sexual Offences•Obscene publications•Cyberbullying (Houghton)•Harassment

Crime

•Defamation•Data Protection & PrivacyLEGAL LIABILITY

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1.Appoint someone responsible for e-safety.

2.Set up an ‘e-Safety Group’.

3.Audit current measures.

10 Top Tips

4.Write your e-Safety policy.

10 Top Tips

Do you have a separate Do you have a separate e-safety policy?e-safety policy?

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1. Yes2. No3. Don’t Know

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What Should We Do About Risk?What Should We Do About Risk?

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0% 1. Ignore it2. Eliminate it3. Think About it4. Take Steps to Manage it

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5. Have risk assessment procedures.

6. Produce flow chart of behaviours and sanctions.

10 Top Tips

Do Learners Know How Do Learners Know How to Report Concerns?to Report Concerns?

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1. Yes2. No3. Unsure

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7. Have a clear, consistent incident response procedure.

8. Schedule training and an education programme.

9. Ask for feedback, provide support.

10 Top Tips

Are Learners involved with Are Learners involved with development, review and development, review and

impact of policy?impact of policy?

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1. Always

2. Sometimes

3. Seldom

4. Never

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10. Monitor impact and effectiveness.

10 Top Tips

Dealing with Incidents Dealing with Incidents

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•Clear guidelines on how to report•Accidental/deliberate•Inappropriate or illegal ( internal/external involvement)•Response appropriate to incident•E-safety officer/police/Ceop /IWF•Investigation (AUP)•Sanctions (AUP, disciplinary procedure)•All incidents recorded and monitored•Joined up response and support

How do you rate your college’s How do you rate your college’s e-safety measures?e-safety measures?

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1. Excellent2. Good3. Satisfactory4. Unsatisfactory5. A LOT to do!

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Conclusions Conclusions

• Think ahead!

• Audit practices and consult

• Manage your risk/limit exposure to risk

• Linked policies and Procedures

• Behaviours not just technologies

• Monitor, Review ,Revise, Communicate

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Next steps?Next steps?

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1. Go back and say well done!

2. Start a conversation with management

3. Re-write e-safety rules4. Monitor what’s in

place already5. Get further support

Further Information

JISC Legal is hosted by the University of Strathclyde, a charitable body, registered in Scotland, with registration number SC015263.

JISC Legale-Safety pages at

http://www.jisclegal.ac.uk/Themes/eSafety.aspx

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Example1

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Your institution becomes aware that a Facebook group has been set up about a college lecturer and a number of nasty comments have been posted by students. What action should the college take?

What Do You Think?

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1. Do nothing 2. Report the comments to Facebook

requesting Facebook take down the comments

3. If students can be identified warn students that the comments are in breach of Acceptable Use Policy and may constitute defamation

4. Depending on seriousness of the comments take disciplinary action against the students involved

5. 2,3,and 4

Example 2

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 Our students are studying a text and the library is lending the film (rated 18) to these students some of whom are underage. Is this legal?

What Do You Think?What Do You Think?

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1. This is illegal so would not lend the film to under 18’s

2. No issue -most 16 year olds regularly view over 18 material

3. This is not strictly illegal – only a recommended practice so not my responsibility

Example 3

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We are a specialist college for physically disabled students and our social network policy is that we ban all access. The intention is to protect students from risk of bullying grooming etc. Parents say other colleges permit access. This is a purely policy decision as technical controls are in place. Is an outright ban legal?

What Do You Think?What Do You Think?

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1. Legal as we have duty of care and this is an appropriate policy in the circumstances2. Could be allegation of discrimination under the Equality Act 2010