On a learning curve

Legislation and documents

Competence goals:

10. You understand how legislation obliges teachers to work in higher education.

11. You know which documents guide teaching, guidance, and assessment.

Teachers' work in vocational education and Universities of Applied Sciences is governed by the relevant legislations: Act of Vocational Training and the University of Applied Sciences Act. These laws include e.g. information on given degrees and their structure and length, the size/extent of the studies, learning goals of the studies, degree certificates and teacher qualification requirements to name few. The contents and competence objectives of the courses leading to degrees are described in the curricula. Universities of applied sciences decide on the curricula and content of their courses. Curricula also has details on assessment and together with the learning goals guides teachers on their course planning.

In the following I will examine some legal issues surrounding educational institutions and in particular teacher’s work. It is important for a teacher to know about legal issues like confidentiality law, administrative obligations, safety rules and regulations and all the good practises surrounding these issues. I will also discuss copyright related issues in teacher’s work.

Confidentiality law and good administrative practises

There is a good summary relating to data protection for teachers on the University of Helsinki website (https://teaching.helsinki.fi/ohjeet/artikkeli/opettajan-tietosuojaohje#paragraph-3926). Below I have used e.g. this website to summarise useful information on this topic.

Educational organizations are responsible for the data security of the systems used and the data protection related to the processes, but everyone who processes personal data in their work is also responsible for the implementation of data protection. By taking data protection into account, the aim is to secure students' privacy and the appropriate processing of personal data.

Picture 1: Source: https://tietosuoja.fi/en/what-is-personal-data

All data related to an identified or identifiable person are personal data. In other words, data that can be used to identify a person directly or indirectly, such as by combining an individual data item with some other piece of data that enables identification, are personal data. Persons can be identified by their name, personal identity code or some other specific factor. (https://tietosuoja.fi/en/what-is-personal-data)

The processing of personal data means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. (https://teaching.helsinki.fi/instructions/article/data-protection-teachers)

So, what does the protection of personal data mean for us teachers? Univ of Helsinki suggests that one should always consider how to individualise a student based on the principle of minimising personal data. In the case of, for example, registration for courses and completion of examinations, a student number is sufficient to individualise a student; a personal identity code is not needed. Personal identity codes should not be unnecessarily included in documents in the first place. (https://teaching.helsinki.fi/instructions/article/data-protection-teachers#paragraph-3932)

Other important data protection related practices to consider when teaching (Courtecy of Univ of Helsinki Data protection for teachers | Instructions for teaching (helsinki.fi) :

Remote teaching: As a rule, keeping their video feed on should be voluntary for students. However, if the nature of the teaching requires social interaction on lectures or in an examination regardless of their being organised remotely, students must be informed of such interaction and the utilisation of video in advance. Students should be reminded of how they can personally control their privacy (for example, by adjusting the camera angle or by using background images provided by the services used).

Data requests and rectifications: Students have the right to access data concerning them, the right to request the rectification of their personal data and, in certain cases, the right to request the erasure of their data. Requests for information or other requests pertaining to personal data submitted by students must be answered within 30 days.

Attendance lists: If you maintain attendance lists on students, consider which details are necessary. To individualise students, it is sufficient to use their student numbers; personal identity codes are not necessary.

Informing students of data collection: If data concerning students outside the scope of normal teaching activities is collected, they must be told, for example, why the data are being collected, what the data are used for, what the legal grounds are for their processing, to whom the data are disclosed and how long they are stored.

Data protection when using email: Particular care must be taken with sensitive or confidential information included in an email message, use encryption when needed.

Social and healthcare services data in teaching: If you use customer data produced in the social services and healthcare sector as teaching material or for producing such material, please note that you need a data permit as stipulated in the Act on the Secondary Use of Health and Social Data.

Recording teaching: Teachers can record their teaching (audio or video) by informing students of the recording and its purpose in advance, provided no interaction with students is required during the lecture. Students must be informed of the recording and its purpose in advance so that they can impact in whether their voice or image can be recorded. In the case of video recording, the camera angle must be adjusted so that students do not appear in the recording when not necessary.

Time periods for record keeping: Examination results, seminar papers, assignments, essays, lecture journals and similar work must be disposed of after being retained for six months. Master's theses are stored permanently, bachelor's theses for five years. As a rule, study-related documents (excl. theses and dissertations) are confidential.

Student feedback and its handling: Anonymous student feedback can be collected (taking in to account research ethics). Surveys must be designed so that no unnecessary personal data are collected.

Information on individual arrangements: Applications for individual arrangements, together with information on student health, are confidential documents and include sensitive personal data.

It should be noted that it says in the General Data Protection Regulation (GDPR for short) that the personal data of children and young people must be carefully protected. Finland is committed to a number of international agreements and the laws of the country, according to which the best interests of the child must take priority. https://tietosuoja.fi/en/children-s-data-protection

When it comes to confidentiality, it is always safe to assume that one should not discuss or pass on information regarding personal date to a third party. If you are unaware whether you can discuss student’s issues, it is best to contact your organizations’ data protection officer for further information. 

Safety in teaching

In my last blog, I already discussed several matters regarding safety in education in length (https://onalearningtrip.blogspot.com/2023/01/safety-competence-and-pedagogical.html). As a summary, matters concerning physical, psychological and social security are regulated by many laws in addition to the Constitutional Law. In terms of the teacher's work, the most central are:

·        The Rescue Act= Pelastuslaki 379/2011 http://www.finlex.fi/fi/laki/ajantasa/2011/20110379
· The Occupational Safety Act = Työturvallisuuslaki 738/2002 http://www.finlex.fi/fi/laki/ajantasa/2002/20020738
·        Act on Vocational Education = Laki ammatillisesta koulutuksesta 531/2017 https://www.finlex.fi/fi/laki/ajantasa/2017/20170531
·        Universities of Applied Sciences Act = Ammattikorkeakoululaki 932/2014 https://finlex.fi/fi/laki/ajantasa/2014/20140932
·        Student Welfare Act = Oppilas- ja opiskelijahuoltolaki 1287/2013 https://www.finlex.fi/fi/laki/ajantasa/2013/20131287

It should be noted that in addition to the legislation, teacher must also know the instructions and regulations for protecting the student from violence, bullying and harassment, the student care plan, instructions and regulations in crisis management, organizing aftercare after crisis situations, information responsibilities and instructions related to e.g. data protection.

Due to the nature of vocational training, there are various risks associated with the activity. In accordance with the terminology of the Occupational Safety and Health Act, possible disadvantages and dangers are assessed in terms of occupational safety. Personnel should be encouraged on the one hand to recognize disadvantages and dangers and possible other risks and on the other hand to propose measures to reduce and avoid them. Recording and investigating near-miss situations at the educational institution is work for the common good. Special and additional training required by the situation can be organized for responsible persons. Taking care of the first aid readiness of the educational institution and improving the first aid capabilities of the staff is important for school safety. (https://www.oph.fi/fi/koulutus-ja-tutkinnot/ammatillisen-oppilaitoksen-turvallisuustyon-organisointi-ja-johtaminen)

During the webinar we discussed the possible difficulty in making sure that all the safe aspects are also realized in work-based learning. While the physical safety aspects might be in order due to strict tracking and testing in companies, but how to make sure that also phychological safe is taken care of, especially as it could be that persons in charge of work-place guidance aren't aware of this.

Copyright and ownership

Basics of copyright:

Copyright is the protection of creative work. By creative work we mean movies, music, books, paintings, photos. Copyright gives the author the right to govern his own work.
Why do we need this? Authors receive their income from selling their works and the rights to use them. Copyright is a prerequisite that one can live from creative work and that new works are created.
Copyright is created automatically when the work is finished. Obtaining protection does not require registration or use of the © sign. Whoever created the work, gets the copyright. The owner of the copyright is always a natural person, the author's age is irrelevant. Note that also student’s work carries a copyright.
Copyright is valid for the lifetime of the author and following his death for 70 years (or 50 years if work is created outside ETA-area.) The author can pass on some of his rights if he wishes.
Copyright protects the appearance and expression of the work - the independent and original result of creative work. Note that Copyright does not protect the information, idea, subject, plot or structure contained in the work. They may be used freely, as long as the way of expression is not copied.

Copyright in teaching: how do you know that you aren’t violating copyright laws?

Useful thing to know is that Copyright-protected materials can be used for educational purposes in accordance with the Copyright Act and an agreement concluded between Kopiosto and Finnish institutions of higher education.

· Teachers can use a piece of a work, for example a text book and the pictures it contains, as part of their teaching. Teachers can also show the pictures e.g. by using a documentary camera.

· Be particularly careful when it is question of online material. To be safe, use open-licenced materials.

● If it is not open-licenced, consent for the use of copyright-protected materials must be acquired from the author in advance.

● A good way to select, for example, online materials, is to limit the search function to display open-licence materials only.

● Even so, the author and source must always be properly cited.

● When linking pages, it is best to use a direct link to another site.

In Finland the Board of Education has obtained copying permits from Kopiosto for all educational levels, from early childhood education, leading to a degree level , as well as for music schools that receive a state share. Other educational institutions must obtain copying permits themselves. With a copying permit obtained for educational institutions, you can copy almost all types of printed publications and images and text materials freely available online. Copy license covers both domestic and foreign material

Kuva 2. Copyig limits for higher education insitutes in Finland. Source: https://www.kopiosto.fi/en/kopiosto/for-users-of-works/copying-of-publications-and-works/universities-and-universities-of-applied-sciences/how-many-copies-can-i-produce-in-a-higher-education-institution/

The table above indicates how many copies you can produce for students participating in a course during a single course in higher education institutions. Note that these copy limits are applicable to all levels of educational institutions in Finland. And also, very recently the law changed to include online learning.

Note one exception

Presentation of works, for example films, online videos or plays requires a separate permit. The presentation of music in teaching is allowed without permission.
For finnish films you can obtain permit from Audiovisual Producers Finland APFI ry and for foreign films from M&M Viihdepalvelu Oy

Teaching materials – who has copyright?

· As a rule, teachers own the rights to the learning materials she prepares.

· You can use Creative Commons licenses to give rights to others to use the work. Note that if you are not very familiar with CC there is a digital badge that you can do on this topic

Things that you should be careful with:

● If you supplement your own learning materials with materials prepared by other people (images, texts, videos, etc.), make sure you do not breach the immaterial rights of the author.

● When concluding a copyright or otherwise transferring rights, be sure to retain sufficient user rights to be able to purposefully utilise the material in your own work at the University.

● Teachers can promote the openness and usability of learning materials through licencing in particular. Note: students need guidance in copyright matters, too. Students own the rights to their own texts and other output, VERY IMPORTANT IF YOU HAVE A PROJECT STUDIES COURSE or do collaboration with companies on your courses.

● Note also that if you are not familiar with creative commons, there is a digital badge you need to do for your propeda studies that deals with this topic. Also, in our links list there is a link to a short video on creative commons.

9. Where do you get more info on copyright?

Check what info your own institutions website has. Also Univ of Helsinki has a good info on this topic.

If you speak Finnish or Swedish, there is a great website called Kopiraitti that gives info for teachers but also teaching materials if you need to teach copyright issues. (kopiraitti.fi, that has eg a checklist-app that gives you advice on things you can/cannot use in teaching: https://kopiraittila.fi/toinenaste/opettajankoulutus/?aloita=1)

Kopiosto has information both in Finnish and in English as does Ministry of Education and Finlex that has the actual law text.

https://okm.fi/en/copyright https://teaching.helsinki.fi/instructions/article/open-teaching-and-copyright#paragraph-3914

https://teaching.helsinki.fi/instructions/article/open-teaching-and-copyright

Want to test your copyright skills?

Go to Socrative.com

Enter room HIETALA3417

Go and test!

Sources:

Act on Vocational Education = Laki ammatillisesta koulutuksesta 531/2017 https://www.finlex.fi/fi/laki/ajantasa/2017/20170531

Universities of Applied Sciences Act = Ammattikorkeakoululaki 932/2014 https://finlex.fi/fi/laki/ajantasa/2014/20140932

https://tietosuoja.fi/en/what-is-personal-data

https://teaching.helsinki.fi/instructions/article/data-protection-teachers)