Personal information in assessment
Educational institutions are obliged to ensure that assessment information is processed in accordance to the Data Protection Act. Hence learners must know of the information gathered about them, while also information processing and secure storing is done in line with the Data Protection Act.
Using others materials
Using other individuals' materials must be done with due respect for the intellectual property rights and hence ensuring legal compliance.
Something goes wrong with Technology
Institutions may be liable for students affected by poorly managed technology-based assessment, since they must make sure that there are no infrastructure problems, applications used must be well tested, adequate back-up plans exist, as well as others.
Hacking/cheating in technology-based assessment
In cases in which students cheat or hack into the system, it is most likely to be in breach of the institution IT policy and hence disciplinary action must be taken. Furthermore, an offence by the student is also committed under the Computer Misuse Act, which disallows unauthorised access to a software system.
Special needs students finding difficulty in using the computer/online system
Institutions must ensure that accessibility is considered throughout the design of a technology-based assessment, while also making sure that the technology allows for changes to accomodate all users' needs. This involves that the Institute abides with its duties under the Disability Discrimination Act.
References: http://www.jisclegal.ac.uk/Themes/eLearning.aspx
Educational institutions are obliged to ensure that assessment information is processed in accordance to the Data Protection Act. Hence learners must know of the information gathered about them, while also information processing and secure storing is done in line with the Data Protection Act.
Using others materials
Using other individuals' materials must be done with due respect for the intellectual property rights and hence ensuring legal compliance.
Something goes wrong with Technology
Institutions may be liable for students affected by poorly managed technology-based assessment, since they must make sure that there are no infrastructure problems, applications used must be well tested, adequate back-up plans exist, as well as others.
Hacking/cheating in technology-based assessment
In cases in which students cheat or hack into the system, it is most likely to be in breach of the institution IT policy and hence disciplinary action must be taken. Furthermore, an offence by the student is also committed under the Computer Misuse Act, which disallows unauthorised access to a software system.
Special needs students finding difficulty in using the computer/online system
Institutions must ensure that accessibility is considered throughout the design of a technology-based assessment, while also making sure that the technology allows for changes to accomodate all users' needs. This involves that the Institute abides with its duties under the Disability Discrimination Act.
References: http://www.jisclegal.ac.uk/Themes/eLearning.aspx
I believe that eLearning offers a new opportunity to persons with special needs. It would have been very strange for a wheelchair bound person to read a degree in education, but with eLearning such a person can still be a teacher. eLearning offers new opportunities which were not available before to such persons.
ReplyDeleteVisually impaired persons can follow an on-line course by having the appropriate technology such as a screen readers. Of course this would require that these systems are designed by keeping the needs of such persons in mind for it to be successful.
As mentioned in previous blogs use of e-Learning requires great responsibility and in the lack of such laws and ethical principals need to be established to safe guard the interests of the students, lecturers and course developers.
According to the Ferls’ Practitioner Programme, there are several legal issues related to e-learning namely:
ReplyDelete• Copyright, intellectual property rights and licensing: All original sources should be covered by copyright. Copyright should also cover the original work of students.
• Copyright protection and digital rights management: It is illegal to copy offline material such as DVDs or even own software to crack copyright protection.
• Copyright and caching of content: It is important to follow the content provider’s guidelines with respect to caching of regularly accessed web sites or files on the Internet.
• Licensing: Educational establishments will require a site license or multi-user licenses to utilise software and other resources.
• Plagiarism: Offenders may be breaking copyright by not acknowledging the true source of the material.
• Data Protection Act: This covers the facts and opinions held about an individual in a structured filing system. Personal data should be held securely and processed according to the data subject’s rights.
• Technical Security: The data protection act places responsibility on educational networks to keep personal data secure. Therefore the educational network should have a strong password policy, firewalls, filtering etc.
• Acceptable use policy: All educational establishments should have a good practice guide that draws attention to illegal acts such as fraud, hacking, spreading of viruses, transmitting illegal materials etc.
• Health and Safety: Educational establishments have to comply with health and safety regulations by possibly offering training of the correct use of ICT equipment.
Source: http://www.docstoc.com/docs/25196831/Legal-issues-relating-to-e-learning - Accessed on: 20/06/2010
When discussing legal issues related to e-learning, one factor which immediately comes to the forefront as a challenge is the way in which IT has made it so easy to gather data, as well as to transfer it from one place to another. In this regard, I have tried researching the Maltese legislation to see what ramifications might exist and although I found no specific reference to E-Learning I found a particular principle in our Data Protection Act (2001) which I think has significant implications upon any organisation / institution / body which is storing information about clients/students. Article 26(1) basically places the onus upon organisations holding data to “implement appropriate technical and organisational measures to protect the personal data that is processed against accidental destruction or loss or unlawful forms of processing thereby providing an adequate level of security.”. This implies that before proceeding to deliver an e-learning course, any organisation should first ensure that it has implemented sufficient and appropriate measures on the lines of firewalls, anti-virus, encryption, etc. to protect the data which would be gathered/stored through electronic means. Should there be some breach of a client's/student's privacy or a loss of data, the organisation would be held liable!
ReplyDeleteShould anyone wish any further information, this is the link that I have utilised in gathering information to formulate this post:
http://www.dataprotection.gov.mt/
One of the greatest sores of the internet is the control,( or lack of it), of information flow. The exchange and availability of information has become to resemble a runaway nuclear reaction. There is absolutely no control what so ever. We can all access information , use it and duplicate it and put in in as our work. What is happening here? People are not thinking anymore, if some one is faced with a problem , just switch on the computer and type it , and get the instant answers. Nobody is trying to think anymore , it is as if the computer has replaced our brain. The world problems of today can be reduced to the simple fact that there is a lack of ideas. Abuse of other people's ideas is not adequately curbed. Some countries may have adequate laws against copyright theft, others may have less. Tolerance of copy right abuse varies from country to country. Even information protection varies from country to country. China used Google and Yahoo to spy on its citizens and persecute them. It is impossible for data protection and copyright to be upheld since the internet has no borders.
ReplyDeleteImmediately we are on the web , we are being spied upon. We all may have noticed that if we look up say , cats , we start getting emails on cat food and cat care. We are all being spied upon. Our uncontrolled abuse of the information we are using is complimeted by the uncontrolled spying and spreading of our personal information. Almost everybody is breaking the law , then when this happens the law cannot be enforced anymore , this is the situation we are in as regards the internet.
Anarchy and chaos of information .
@ Fraki: I agree with Fraki but I guess that the picture is wider than that. E-learning is not only advantageous to disabled people but also to the elderly and parents with pushchairs as a common example. We should remember that education should be accessible to all sectors in life. Unfortunately, though important, when we speak about accessibility we always mention people with disability. In my opinion, the concept of e-learning and the infrastructure needed to make this possible should be part and parcel with local investment towards better accessibility.
ReplyDeleteCrisby
The term used to describe the legal issues related to the use of communications technology, is known as “cyber law”.Cyber crimes are illegal acts where the computer is used either as a tool to steal data, service or information; or at times it is used as a target. Sometimes it can be used to do both. The enormous growth in internet transactions (e-commerce) and online share trading has led to an unparalleled burst in incidents of cyber crime. Nowadays many countries, including Malta, are introducing laws to enforce cyber law. Basically the laws introduced cover the rules of conduct online.
ReplyDelete@fraki and @Crisby: in summary e-Learning is advantageous to anyone, being impaired in some way or even not! eLearning has made it possible to learn what, maybe couldn't be learned a few years ago. It was unthinkable of conducting a degree with a foreign University without spending a couple of years at that particular country up to a few years ago. Now it is possible to read a course from home, while doing other errands and get fully qualified from that particular University, as some of my colleagues are currently doing. They are not disadvantaged in any way and they have never left the Maltese Islands because of the course.
ReplyDeleteThe uncontrolled use by students and teachers of any information and/or from the internet is indeed worrying sometimes. There is little anyone can do except make the students will aware that the information may be freely accessible but it is still the property of someone. The least they can do is give credit to the owner by referring adequately in their work. Legally I think that it is highly unlikely that any action will ever be taken against any student. However, I believe that the students should be made aware of the possible consequences.
ReplyDelete