LawSense School ICT Law 2022

Examining the Limits of Rights, Obligations and Liability in Monitoring Staff and Student Activity, Including Outside School

• Interpreting key laws applying to the monitoring of students and staff, including obligations to protect student and staff wellbeing and child protection obligations
• Monitoring outside school hours:
  • exploring the extent of your obligations to monitor student activity on school or BYOD devices or platforms outside school hours. What are your obligations where students are using their own applications?
  • what access and control should parents be given?
  • understanding your rights in monitoring staff conduct
  • exploring rights and obligations in monitoring students or staff social media
• Monitoring software, fuzzy logic and AI – understanding when a school may be overreaching
• Examining potential liability where wellbeing issues flagged by monitoring software are misinterpreted, missed or not acted upon in a timely manner

Privacy, Confidentiality and Record Keeping: Navigating Current Rights and Obligations and Implementing Protocols, Checks and Limits to Ensure Compliance

• Outlining key privacy and confidentiality rights and obligations applying in schools
• Personal data collected by external platforms or apps used by students – understanding the extent of the school’s obligations to assess and monitor legal compliance

Information Access within a School

• Examining different access considerations that can apply within schools – access to:
  • student records
  • staff records
  • wellbeing/counselling/psychology records
  • medical records
  • other school records
• Exploring protocols, checks and supports to ensure legal compliance, including for managing IT staff access to records

Access By Students and Parents

• Examining what information should be accessible by students and parents
• Navigating information access and separated parents – key pitfalls to consider
• Exploring protocols, checks and limits in managing parent access

Document Storage, Retention and Destruction

• Outlining laws applying to document storage and retention in schools
• Managing records in different formats – email, text, social media, paper
• Clarifying what types of documents need to be kept and for what period
• Understanding your obligations to destroy or de-identify particular data
• Exploring measures to accurately classify or categories documents to assist compliance with document destruction and retention requirements

Cyber-Attack and Data Breach Case Studies: Examining and Learning from Recent Incidents in Schools and Understanding the Limits of Liability

Data Breaches and Impacts from Cyber Attacks

• Exploring cyber-attacks experienced by schools and how they were managed including:
  • potential legal exposure of the school and third-party providers
  • school and service provider responses, including managing legal obligations regarding data
  • responsiveness of insurance policies
  • lessons learned and improvements implemented

Data Breaches by The School

• Understanding when an incident is a reportable data breach
• Reviewing and learning from case studies of data breaches by schools

 ICT Contracts in 2022: Key Matters for School ICT Managers to Consider in the Current Risk Environment

• Outlining key issues and clauses to consider in school ICT contracts in 2022
• Implementing clauses to:
  • protect the school from unreasonable price increases
  • optimise service quality and responsiveness
  • manage data retention, privacy and any data breaches
  • provide effective dispute resolution processes

• External contract staff:
  • manage child safety obligations
  • should you obtain NDA’s from each staff member and what should be covered?