The Compliance Continuum: FIPPA & BC Public Educators

April 24, 2014

 

As I encounter and work with BC educators at all levels of public education who are using–or want to use–social media and cloud computing, it has become evident that they have a range of orientations regarding the applicability of the British Columbia Freedom of Information and Protection of Privacy Act (FIPPA). This can apply to a single teacher, a school administrator, or a wider group as a whole. Now don’t get me wrong–FIPPA is a law and applicable to all educators using social media and cloud computing in BC public institutions and there are consequences for not following it; however, how educators see this varies. My conception of BC educators’ positions is longer than it’s fair to put in a blog post, so like the “Primer” (https://jhengstler.wordpress.com/2013/05/17/a-k-12-primer-for-british-columbia-teachers-posting-students-work-online/), I’ve linked it in this post as a longer PDF. Click on the cover image to download the document or use the link near the end of this post.

Here’s the abstract: Hengstler theorizes a continuum of 6 compliance positions for educators (Avoidance, Ignorance, Knowledgeable Non-Compliance, Approaching Compliance, Establishing Compliance, & Full Compliances) with regard to the application of British Columbia’s (Canada) Freedom of Information and Protection of Privacy Act (FIPPA) to the use of social media and cloud computing tools in BC public schools. The article concludes with a call for collaboration to increase compliance.

Link to article for download: https://www.dropbox.com/s/ridcqq14a7k9543/Compliance_Continuum_5_06_14-1.pdf

I look forward to hearing your feedback and comments.


A K-12 Primer for British Columbia Teachers Posting Students’ Work Online

May 17, 2013

cover_capture_sm.fw  There is little doubt in my mind that web 2.0, social media, and cloud computing offer powerful vehicles for teaching and learning—but only if educators use them responsibly, abide by the rules and regulations, and teach their students to do the same. According to lawyer, Pam Portal, “BC’s privacy laws are arguably the strongest in Canada” (Cooper, et al., 2011, “Privacy Guide for Faculty Using 3rd Party Web Technology (Social Media) in Public Post-Secondary Courses”,2). These laws and regulations protect the privacy rights of the individual in British Columbia, Canada. Our unique legal context sets the boundaries for what the K-12 should be doing online with student information, work, and data. If you’re not from British Columbia, or aren’t in touch with what’s happening here, consider us the “Europe” of privacy protection in North America. If you are an American teacher or a Canadian teacher anywhere but in British Columbia–you likely have more permissive regulations in the use of Web 2.0 tools–especially those that are housed in the cloud.

The institution where I work, Vancouver Island University (Nanaimo, BC, Canada), is in the vanguard of addressing privacy issues associated with use of cloud based tools at the post-secondary level in BC education. In 2011, VIU  published “Privacy Guide for Faculty Using 3rd Party Web Technology (Social Media) in Public Post-Secondary Courses” with BC Campus,  and our Centre for Innovation and Excellence in Learning (under Director, Liesel Knaack) has been running numerous training sessions to raise faculty awareness of their obligations in use of cloud, Web 2.0, and social media technologies—especially with regard to students. As part of that effort, and in discussions with Liesel, I began to develop some resources to streamline how faculty in our Faculty of Education and other post-secondary instructors could meet the new requirements–items like forms to guide instructors, and an information backgrounder to share with students.  As BC K-12 educators got wind of what I was doing, I had individuals from BC K-12 schools–public and private, traditional and face-to-face–contacting me to see what knowledge, resources and guidance I could share. At that point I was solidly focused on developing resources I could use with my faculty, and I kept hoping that ‘someone else’ would take on that mantle and deal with providing specific K-12 resources. I happily provided what I had–but it was from the post-secondary perspective. When I shared content, I’d repeatedly ask the recipients to share back what they developed. Many of these individuals were dealing with these issues off the side of their K-12 desks—among many other responsibilities. I checked back with a few of them and their content development had gotten sidelined in one way or another.

Working in a Faculty of Education as I do, I am reminded that I am only a step away from the K-12 context. Our Education students are doing practica in BC K-12 schools–some of them with institutionally loaned equipment—and I need to support their responsible use of technology under current legislation. In September 2013, I will be teaching a course in social media in our new Online Learning and Teaching Diploma (OLTD) Program, and I will need resources to guide my students as educators in responsible use of social media in BC’s K-12 context. Knowing my interests, parents have approached me to describe incidents where students are using social media and cloud based resources in their local schools without any permission forms or information being sent home. One parent described Googling her child’s name only to find a Prezi with scanned family photos and information—yet the parent had never been approached for permission–much less had discussions or handouts on the activity and its potential privacy risks. I have heard numerous accounts of teachers doing great things with Google docs and their classes–using Facebook or Twitter, but when I pause to ask them whether they sent out and obtained written permission slips, I either meet a dead silence or am told, “Oh, our school media waiver covers that.” The likelihood that a school media waiver meets the key criteria set down in our BC law and regulations for ‘knowledge’, ‘notice’, and ‘informed consent’ with regard to these types of activities in these technological environments is slim.

So, last month, I decided that “someone” was going to be “me”. I’ve spent about a month drafting this document I call “A K-12 Primer for British Columbia Teachers Posting Students’ Work Online“.

This document was possible only with the support of these key individuals:

  • Liesel Knaack, Director, Centre for Innovation and Excellence in Learning, Vancouver Island University, Nanaimo, British Columbia
  • Rebecca Avery, e-Safety Officer, Kent County Council, United Kingdom
  • Mark Hawkes, e-Learning Coordinator, Learning Division, Ministry of Education, British Columbia
  • Dave Gregg, e-Learning Officer, Learning Division, Ministry of Education, British Columbia
  • Larry Kuehn, Director of Research and Technology, British Columbia Teachers’ Federation
  • John Phipps, Field Experience Supervisor, Vancouver Island University, Nanaimo, British Columbia

Consider this document Version 1.0. I hope you find it useful and that you feel moved to comment and share your insights for a future version. You are free to duplicate and share it according to the Creative Commons: Attribution-Non Commercial-Share Alike licensing.

Julia