1 / 30

e-Safety Your Legal Duties

e-Safety Your Legal Duties. Hello!. Betty Willder JISC Legal Legal Information Specialist info@jisclegal.ac.uk 0141 548 4939 www.jisclegal.ac.uk http://twitter.com/JISCLegal. How familiar are you with e-Safety?. 1. Beginner 2. Know most of it 3. Have been directly involved

kenyon-turner
Download Presentation

e-Safety Your Legal Duties

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. e-Safety Your Legal Duties

  2. Hello! • Betty WillderJISC Legal Legal Information Specialist • info@jisclegal.ac.uk • 0141 548 4939 • www.jisclegal.ac.uk • http://twitter.com/JISCLegal

  3. How familiar are you with e-Safety? 1. Beginner 2. Know most of it 3. Have been directly involved in e-Safety in my institution at operational level 4. Have been directly involved in e-Safety in my institution at strategic level 5. Not really sure what e-Safetymeans

  4. Why Does e-Safety Matter? 1. Legal Duty 2. Moral Duty 3. Funding 4. I was told to be here 5. All of Above 6.I’m Just Curious

  5. Safeguarding 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

  6. Meeting Your Duties Issues • Whatare the duties? • What steps can we take to meet them?

  7. Statutory/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).

  8. A college cannot be liable for learners’ postings? • True • False

  9. Some Legal Issues • Sexual Offences • Obscene publications • Cyberbullying (Houghton) • Harassment Crime • Defamation • Data Protection & Privacy • LEGAL LIABILITY

  10. Appoint someone responsible for e-safety. • Set up an ‘e-Safety Group’. • Audit current measures. 10 Top Tips

  11. 4.Write your e-Safety policy. 10 Top Tips

  12. Do you have a separate e-safety policy? • Yes • No • Don’t Know

  13. What Should We Do About Risk? • Ignore it • Eliminate it • Think About it • Take Steps to Manage it

  14. 5. Have risk assessment procedures. 6. Produce flow chart of behaviours and sanctions. 10 Top Tips

  15. Do Learners Know How to Report Concerns? • Yes • No • Unsure

  16. 7. Have a clear, consistent incident response procedure. 8. Schedule training and an education programme. 9. Ask for feedback, provide support. 10 Top Tips

  17. Are Learners involved with development, review and impact of policy? • Always • Sometimes • Seldom • Never

  18. 10. Monitor impact and effectiveness. 10 Top Tips

  19. Dealing with Incidents • 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

  20. How do you rate your college’s e-safety measures? • Excellent • Good • Satisfactory • Unsatisfactory • A LOT to do!

  21. 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

  22. Next steps? • Go back and say well done! • Start a conversation with management • Re-write e-safety rules • Monitor what’s in place already • Get further support

  23. Further Information JISC Legal e-Safety pages at http://www.jisclegal.ac.uk/Themes/eSafety.aspx

  24. Example1 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?

  25. What Do You Think? • Do nothing • Report the comments to Facebook requesting Facebook take down the comments • If students can be identified warn students that the comments are in breach of Acceptable Use Policy and may constitute defamation • Depending on seriousness of the comments take disciplinary action against the students involved • 2,3,and 4

  26. Example 2  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?

  27. What Do You Think? • 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

  28. Example 3 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?

  29. What Do You Think? 1. Legal as we have duty of care and this is an appropriate policy in the circumstances 2. Could be allegation of discrimination under the Equality Act 2010

More Related