E-SAFETY

The Internet is a part of everyday life for education, business and social interaction. It is an essential tool for learning. Students use the Internet widely outside education process (be it school or not) and need to learn how to evaluate Internet information and to take care of their own safety and security. The purpose of Internet use in the learning process is to raise educational standards, to promote student achievement, to support the professional work of organisations and individuals.

The security of the EduRouter Learning Environment and its users will be reviewed regularly.

Students must immediately inform EduRouter if they receive an offensive email.

Students are advised to never give out personal details of any kind which may identify them and / or their location or, if underage, to arrange to meet anyone without specific permission from an adult. Examples would include address, mobile or landline phone numbers, school attended, IM and email addresses, full names of friends/family, specific interests and clubs etc.

Students are advised on security and encouraged to set strong passwords and never to disclose their account details.

Video conferencing is a challenging activity with a wide range of learning benefits. Video conferencing should be supervised appropriately for the students’ age. Parents and carers should agree for their children to take part in video conferences. Providers may wish to record lessons. When recording a video conference lesson, permission should be given by participants. The reason for the recording must be given and the recording of video conference should be clear to all parties at the start of the conference. Recorded material shall be stored securely. If third-party materials are to be included, check that recording is acceptable to avoid infringing a third party intellectual property rights.

Personal data will be recorded, processed, transferred and made available according to the Data Protection Act 1998.

Tutors will take all reasonable precautions to ensure that users access only appropriate material. However, due to the global and connected nature of Internet content, it is not possible to guarantee that access to unsuitable material will never occur. EduRouter cannot accept liability for the material accessed, or any consequences resulting from Internet use.

Cyberbullying can be defined as “The use of Information Communication Technology, particularly mobile phones and the internet to deliberately hurt or upset someone” (DCSF 2007).

Many young people and adults find using the internet and mobile phones a positive and creative part of their everyday life. Unfortunately, technologies can also being used negatively. When children are the target of bullying via mobile phones, gaming or the internet, they can often feel very alone, particularly if the adults around them do not understand cyberbullying and its effects. A once previously safe and enjoyable environment or activity can become threatening, harmful and a source of anxiety. It is essential that young people, tutors, and parents and carers understand how cyberbullying is different from other forms of bullying, how it can affect people and how to respond and combat misuse. Promoting a culture of confident users will support innovation and safety.

Cyberbullying (along with all forms of bullying) will not be tolerated at EduRouter. EduRouter reserves the right to deny access to its platform to anyone who is suspected of cyberbullying.

DCSF and Childnet have produced resources and guidance that can be used to give practical advice and guidance on cyberbullying: http://www.digizen.org/cyberbullying

An effective virtual learning environment (VLE) of EduRouterHome offers a wide range of benefits to tutors, students, parents as well as support management and administration. It can enable students and teachers to collaborate in the organisation, share resources and tools for a range of topics, create and manage digital content.

Useful e–Safety programmes include:

Think U Know: www.thinkuknow.co.uk

Childnet: www.childnet.com

Kidsmart: www.kidsmart.org.uk

Safe Social Networking: www.safesocialnetworking.com

Tutors and parents are encouraged to work in partnership to ensure adequate levels of e-Safety.

ANNEX. Legal Framework

This section is designed to inform users of potential legal issues relevant to the use of electronic communications. It is not professional advice.

Many young people and indeed some staff use the Internet regularly without being aware that some of the activities they take part in are potentially illegal. The law is developing rapidly and changes occur frequently.

Racial and Religious Hatred Act 2006

This Act makes it a criminal offence to threaten people because of their faith, or to stir up religious hatred by displaying, publishing or distributing written material which is threatening. Other laws already protect people from threats based on their race, nationality or ethnic background.

Criminal Justice Act 2003

Section 146 of the Criminal Justice Act 2003 came into effect in April 2005, empowering courts to impose tougher sentences for offences motivated or aggravated by the victim's sexual orientation in England and Wales.

Sexual Offences Act 2003

It is an offence to take, permit to be taken, make, possess, show, distribute or advertise indecent images of children in the United Kingdom. A child for these purposes is anyone under the age of 18. Viewing an indecent image of a child on your computer means that you have made a digital image. An image of a child also covers pseudo-photographs (digitally collated or otherwise). This can include images taken by and distributed by the child themselves (often referred to as “Sexting”).

A person convicted of such an offence may face up to 10 years in prison.

The offence of grooming is committed if you are over 18 and have communicated with a child under 16 at least twice (including by phone or using the Internet). It is an offence to meet them or travel to meet them anywhere in the world with the intention of committing a sexual offence.

Causing a child under 16 to watch a sexual act is illegal, including looking at images such as videos, photos or webcams, for your own gratification.

It is also an offence for a person in a position of trust to engage in sexual activity with any person under 18, with whom they are in a position of trust. (Typically, teachers, social workers, health professionals, connexions staff etc fall in this category of trust).

Communications Act 2003 (section 127)

Sending by means of the Internet a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or sending a false message by means of or persistently making use of the Internet for the purpose of causing annoyance, inconvenience or needless anxiety is guilty of an offence liable, on conviction, to imprisonment.

This wording is important because an offence is complete as soon as the message has been sent: there is no need to prove any intent or purpose.

Data Protection Act 1998

The Act requires anyone who handles personal information to notify the Information Commissioner’s Office of the type of processing it administers, and must comply with important data protection principles when treating personal data relating to any living individual. The Act also grants individuals rights of access to their personal data, compensation and prevention of processing.

The Computer Misuse Act 1990 (sections 1 — 3)

Regardless of an individual’s motivation, the Act makes it a criminal offence to:

gain access to computer files or software without permission (for example using someone else’s password to access files);

gain unauthorised access, as above, in order to commit a further criminal act (such as fraud); or

Impair the operation of a computer or program (for example caused by viruses or denial of service attacks).

UK citizens or residents may be extradited to another country if they are suspected of committing any of the above offences.

Malicious Communications Act 1988 (section 1)

This legislation makes it a criminal offence to send an electronic message (email) that conveys indecent, grossly offensive, threatening material or information that is false; or is of an indecent or grossly offensive nature if the purpose was to cause a recipient to suffer distress or anxiety.

The material to which copyright may attach (known in the business as “work”) must be the author’s own creation and the result of some skill and judgement. It comes about when an individual expresses an idea in a tangible form. Works such as text, music, sound, film and programmes all qualify for copyright protection. The author of the work is usually the copyright owner, but if it was created during the course of employment it belongs to the employer.

It is an infringement of copyright to copy all or a substantial part of anyone’s work without obtaining the author’s permission. Usually a licence associated with the work will allow a user to copy or use it for limited purposes. It is advisable always to read the terms of a licence before you copy or use someone else’s material.

It is also illegal to adapt or use software without a licence or in ways prohibited by the terms of the software licence.

Public Order Act 1986 (sections 17 — 29)

This Act makes it a criminal offence to stir up racial hatred by displaying, publishing or distributing written material which is threatening. Like the Racial and Religious Hatred Act 2006 it also makes the possession of inflammatory material with a view of releasing it a criminal offence.

Obscene Publications Act 1959 and 1964

Publishing an “obscene” article is a criminal offence. Publishing includes electronic transmission.

Protection from Harassment Act 1997

A person must not pursue a course of conduct, which amounts to harassment of another, and which he knows or ought to know amounts to harassment of the other.

A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him is guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions.

Regulation of Investigatory Powers Act 2000

The Regulation of Investigatory Powers Act 2000 (RIP) regulates the interception of communications and makes it an offence to intercept or monitor communications without the consent of the parties involved in the communication. The RIP was enacted to comply with the Human Rights Act 1998.

The Telecommunications (Lawful Business Practice) (Interception of Communications)

Regulations 2000, however, permit a degree of monitoring and record keeping, for example, to ensure communications are relevant to school activity or to investigate or detect unauthorised use of the network. Nevertheless, any monitoring is subject to informed consent, which means steps must have been taken to ensure that everyone who may use the system is informed that communications may be monitored.

Covert monitoring without informing users that surveillance is taking place risks breaching data protection and privacy legislation.

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