BYOD and the Law (May I Text You That Writ?)

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Presentation on Bring Your Own Device and the Law, delivered by Jason Miles-Campbell at the RSC Scotland Bring Me That Horizon Annual Conference, Edinburgh on 7 June 2013.

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May I Text You That Writ?BYOD and the Law

Friday, 7 June2013Edinburgh

Jason Miles-CampbellJisc Legal Service Manager

www.jisclegal.ac.ukinfo@jisclegal.ac.uk0141 548 4939

Hello!

3

About Jisc Legal

• Role: to avoid legal issues becoming a barrier to the use of technology in tertiary education

• Information service: we cannot take decisions for you when you are faced with a risk

This presentation on Slideshare(or search for slideshare jisclegal)

Slide 6 of 39

Have you heard of Jisc Legal before?

1. Hello again, Jason2. Yes, fairly often3. Yes, used occasionally4. Vague acquaintance5. What’s that, then?

1. 2. 3. 4. 5.

21%

24%

17%

21%

17%

Slide 7 of 39

When it comes to legal issues...

1. I’m confident2. I’ve a fair idea3. I dabble4. I ask others5. I hide in the toilet

1. 2. 3. 4. 5.

4%

19%

7%

41%

30%

8

Why Comply?

• It’s the law• Confidence v uncertainty• Example• Reputation• Quality inspection• But risk management

Slide 9 of 39

Legal bill for defamation accusation...

1. They’ll do it for free2. 65p3. £6.504. £65005. £6,500,000

1. 2. 3. 4. 5.

4%0%

13%

83%

0%

The Issues

Copyright (using other people’s stuff)

Data protection (respecting privacy)

e-Safety (protecting users)

e-Security (protecting the organisation)

The Difference

Not linked to place (mobile!)

Personal, invasive and pervasive

Own device

Combines access and communication

Slide 12 of 39

What’s the biggest issue about mobile?

Slide 11 of 27

1. Copyright2. Data protection3. e-Safety4. e-Security5. Haggis

1. 2. 3. 4. 5.

20% 20%

15%

20%

25%

“ … 47% of all UK adults now use their personal smartphone, laptop or tablet computer for work purposes. But less than 3 in 10 who do so are provided with guidance on how their devices should be used in this capacity, raising worrying concerns that people may not understand how to look after the personal information accessed and stored on these devices…” http://www.ico.gov.uk/news/latest_news/2013/survey-guidance-on-byod-personal-devices-07032013.aspx

Copyright & Mobile Devices

How to be ‘AppyT&Cs‘Personal use’Per device, per user,multi-use

Slide 15 of 39

Do you have a mobile device with copyright infringing content with you?

1. Can I call my lawyer?2. Maybe.3. I’m looking around and see

what option others are pressing.

4. Yes.5. Definitely not, guv. Honest.

1. 2. 3. 4. 5.

11%

33%

22%

30%

4%

Data Protection & BYOD

Compliance and privacy

Purposes / purpose creep

Surveillance

Marketing - PECRs

e-Safety & Mobile Devices

Enables new, pervasive communicationAnonymity and accessDuty of careCriminal offences

e-Security & Mobile Devices

BYODBYOVRDLYODDP, liability,breach of T&Cs

Think about mobile access/delivery when

choosing learning resources.

Top Tip 1

Ensuredata protection

awareness.

Don’t let techie enthusiasm run away.

Top Tip 2

Slide 12 of 28

Ensure your e-safety policies and procedures

cover BYOD.Ensure you have e-safety policies

and procedures in the first place.

Top Tip 3

Slide 22 of 39

Are you confident learners know how to report concerns?

1. 2. 3.

30% 30%

41%

1. Yes2. No3. Don’t know

Ensure your e-security and

acceptable use policies are fit for

BYOD.

Top Tip 4

Keep legal risk in perspective.

Have risk assessment procedures in place.

Top Tip 5

Slide 18 of 27

Slide 25 of 39

What should we do about risk?

1. 2. 3. 4. 5.

0%

8%4%

88%

0%

1. Ignore it2. Eliminate it3. Think about it4. Take steps to

manage it5. Run around screaming

Monitor impact and effectiveness.

Top Tip 6

Ask for feedback, provide support.

Top Tip 7

Slide 28 of 39

Are learners involved with development, review and impact of policy?

Slide 22 of 27

1. 2. 3. 4. 5.

4%

35%

4%

35%

23%

1. Always2. Sometimes3. Seldom4. Never5. Depends who’s asking

New Guidance

Slide 30 of 39

Next steps?

1. 2. 3. 4. 5. 6.

0%

15% 15%

23%

31%

15%

Slide 23 of 27

1. Go back and say well done!2. Start a conversation with

management3. Re-write a few policies4. Monitor what’s in place already5. Get further support6. Point at the guy/gal over there

and say ‘his problem!’

Contact Jisc Legal

info@jisclegal.ac.uk

0141 548 4939

www.jisclegal.ac.uk

http://twitter.com/JiscLegal

32?Your questions

33

Jisc Legal is hosted by the University of Strathclyde, a charitable body, registered in Scotland,

with registration number SC015263.

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