Documentation:Student Privacy and Consent Guidelines/Instructor Use

Up-to-date information can be found on https://lthub.ubc.ca/support/privacy

Privacy Context

"Technologies that are ubiquitous, interconnected, and allow easy access to the Internet have become deeply integrated in everyday life. At the same time, the online environment has increasingly been subjected to sophisticated and targeted threats; our ever-increasing reliance on cyberspace is creating new and significant vulnerabilities. This risk is magnified by a number of factors: more valuable electronic data is being stored and processed on a massive scale, much of it in the cloud; powerful and portable computing devices such as smartphones, tablets and laptops are increasingly integrated into every aspect of our lives; information is shared, combined and linked with other information with greater frequency; and third-party relationships (e.g.: outsourcing to a cloud provider) are the norm. Unless all components are equally secure, the entire system is vulnerable..."

Excerpt from Privacy and Cyber Security - Emphasizing privacy protection in cyber security activities - a research report from the Office of the Privacy Commissioner of Canada (December, 2014)

AND MOST RECENTLY...

"Bill C-51′s Security of Canada Information Sharing Act, a bill within the bill, goes far further than sharing information related to terrorist activity. As Roach and Forcese persuasively argue, the bill effectively creates a “total information awareness” approach that represents a radical shift away from our traditional understanding of public sector privacy protection. "

Excerpt from "Total Information Awareness: the Disastrous Privacy Consequences of Bill C-51" - from Michael Geist, Professor of Law and Canada Research Chair on Internet and E-commerce Law.

AND YET...

"Under FIPPA (Freedom of Information and Protection of Privacy Act), all public post-secondary employers, employees and service providers have a responsibility to protect the privacy of personal information. This requirement extends to all aspects of a Faculty member's job, including the use of social media as a teaching aid. Since social media can be used to share information rapidly and widely and since FIPPA regulates how personal information may be shared, it is important for instructors in BC to understand FIPPA rules and how to apply them when using social media in class."

Excerpt from Privacy Guide For Faculty Using 3rd Party Web Technology (Social Media) in Public Post Secondary Courses (2011)

What to Consider

Course Context

In some fields, journalism is one example, perhaps business is another, the use of social media is almost a pre-requisite to employment. Students need to learn how to use it judiciously and responsibly - it is a competency to be built by using the tools and with guidance when necessary from mentors and teachers.

In other cases, the use of social media may be important to achieve learning goals that might otherwise not be achieved without the use of open tools and practices. And, in some cases, the use of social media tools in the classroom may be implemented without much advanced thought or discussion with students about learning benefits - in which case could put both students and instructors at risk.

As you know, FIPPA requires that all information about our students remain in Canada. Of course students may choose to use applications or tools that are hosted outside of the country - they just cannot be required to use use their personal accounts to meet the academic requirements of the course. Many tools and platforms, however have options for users to remain anonymous by the use of an alias. The Commissioner’s office has indicated that if use of the tool is required for a course, students must be given an option to use an alias.

Practical Use

allowing students to use an alias
- investigate the possibility of this with the services EULA (End User License Agreement)
talk to CTLT (LT Hub) about alternatives to the service (UBC hosted or current integration)
anonymous use of the tool
consider the impact of personal identifying information (this may not be necessary).
learning goals should guide your process in selecting the best option for what you are trying to achieve.
help frame choices for students (re: digital identity and impact on learning/life goals)
considerations around analytics and cloud based services.

Informing Students

At UBC, Cloud-based* tools may be used under the following conditions (from: UBC's Privacy Fact Sheet: Disclosing Personal Information Outside of Canada) :

in the course description, or in a written communication to the students, describe the cloud-based service and the information that it will be storing or accessing, and explain that if the students choose not to provide their consent to this storage or access, they must see the instructor to make alternate arrangements; and
make alternate arrangements for students who refuse to provide their consent, such as allowing them to sign in to the service using a false name and non-identifying email address

You may also choose to link to resources for students that can help them make an informed decision about their digital presence.

Resources for Students

The Digital Tattoo project highlights resources developed by students to help their peers make decisions about their online participation and identity formation:

Documenting Practice

An important aspect of ensuring that you are complying with FIPPA as you move to integrate social media is your class is the need to document your attempts to ensure that all students are informed of the use of the tool, the reason for its use and the option to obfiscate their identity (through the use of an alias) or participate in another way, as required. These attempts may include:

a copy of or link to your course description and syllabus, specifying the tool or platform to be used, potential learning benefits and where information is stored.
a copy or link to any other information provided to students about the use of the tool or platform you propose.
For students using aliases, your list of their accounts and aliases. **

In the event, there is a student complaint about a breach of privacy, these documents will be important to demonstrate that you have taken reasonable steps to comply with your obligations under FIPPA.

Note on the use of an alias: You will need to read the terms of service for the tool you are thinking of using. Some services do not allow the use of aliases and will specify this in the terms/user agreements. In this case, you may want to explore other options for hosted UBC applications or pursue a Privacy Impact Assessment. At UBC, you can begin this consultation with Joe Zerdin, Senior Support Analyst: Learning Technologies.

Resources for Instructors

UBC's Privacy Fact Sheet: Disclosing Personal Information Outside of Canada for examples of considerations related to the use of Cloud-Based Services.
Privacy Guide For Faculty Using 3rd Party Web Technology (Social Media) in Public Post Secondary Courses (2011): Vancouver Island University in collaboration with BCCampus

Support

For more information/support, contact:

Paul Hancock, Office of the University Counsel, UBC
Joe Zerdin, Senior Support Analyst: Learning Technologies, Centre for Teaching, Learning and Technology, UBC

More About Privacy and Bill C-51

Privacy

Office of the University Council UBC:
Access & Privacy Guide for UBC
FIPPA: Freedom of Information and Protection of Privacy Law
Privacy and Cyber Security - Emphasizing privacy protection in cyber security activities - a research report from the Office of the Privacy Commissioner of Canada (December, 2014)
https://carswellprivacylaw.wordpress.com/
Privacy and Cyber-Security (Office of the Privacy Commissioner in Canada - 2014)
Cloud Computing Guidelines for Public Bodies (Office of the Information and Privacy Commissioner for BC - 2012)
Privacy and Cyber Security - Emphasizing privacy protection in cyber security activities - a research report from the Office of the Privacy Commissioner of Canada (December, 2014)

Bill C-51