Data is valuable.
Data is a new commodity.
Data keeps whole enterprises going.
Data translates into money.
It makes people rich.
It makes people bankrupt.
So whenever we're thinking about data, we're thinking about something that has increasingly
value across the economies in our world today.
That's one of the reasons why we have to take it very seriously, why we have to build ethical
codes, and why we have to think about legal responsibilities.
Information is power.
Data is a form of wealth.
Learning is no exception to that.
I mean, let's think a little bit about some of the potential commercial values of education
data, for example.
If I have access to detailed information about your courses, about your learning, your educational
level, your subject, your interest, there's all sorts of things that I could sell to you
with that information.
I could sell you books, for example.
I could sell you services.
I could use that information for a job search agency to target you for advertisements, for
example.
I could use a whole lot of information of that sort to a commercial process.
Equally of course if I'm a public organisation like a government, I've got interest in that
information for predicting labour market needs.
It would help me to build an understanding of the future tax base of the country, because
I could predict your earning levels.
So lots and lots of people are interested in educational data for a whole variety of
reasons across a spectrum, from pure commercial gain, through to the public interest of managing
information for the public good.
That's one of the reasons why we have to take it so seriously.
When we consider what we need to do about putting in place appropriate ethical codes
for learning analytics, it's as well to start with the principle that all of the data is
originally owned by the individual who generates it.
And of course in order to do anything with that data the individual has to surrender
some of those rights to let another person or people actually use that data in some way.
As soon as that act of surrender actually happens, we've got an ethical and legal set
of considerations.
The legal considerations are the obligations for data protection, the ethical considerations
are the way that we deal with the person who owns that data.
So, the reason why we have to have an ethical code is so that we can be sure to fulfil our
ethical responsibilities towards the original owner of information who has surrendered their
right over it to us to make use of.
So that's the starting point for any one of those codes.
Clearly it involves informed consent.
You have to know why that data is being used, you have to give your permission in an informed
way, but increasingly informed consent is not sufficient.
We all give informed consent every day for everyday devices that we use, and these are
very well-known cases.
So, for example, every time you use Facebook, every time you use Google, you have given
informed consent somewhere along the line for them to use your information for the purposes
that they have, but you won't necessarily recall that.
So an ethical code of practice goes way beyond informed consent and guides us in how we should
behave.
The sorts of things we'd expect to see in an ethical code of practice will also relate
to our purpose in education; our purpose in education is to provide the ability for the
learner to learn in a beneficial way for them.
Education is about improving individual people's prospects, it's about improving society as
a whole.
So first of all our Code of Ethics will embody in some way or another, that goal of personal
advancement, that goal of societal benefit.
And we build ethical codes around those principles.
A further important point of course, is that an ethical code cannot be built without appropriate
consultation.
You can't sit in a darkened room by yourself and assume that you have enough knowledge
to build that ethical code.
So we will need to consult with appropriate organisations, appropriate individuals, in
building that ethical code, and get their approval and support for it.
Which, again, is why Jisc started off by talking to the National Union of Students about the
whole process of learning analytics and about building an ethical code.
The ethical code, once constructed, must be easily interpreted and communicated, it must
be available to people to use, and it must be appropriately broad for institutions to
adapt it to their own particular circumstances and their own particular needs.
But at the end of the day, an ethical code is about ensuring best practice in the use
of learning analytics data.
In parallel to ethical considerations of course, we have legal considerations, and they speak
to each other.
The purpose of legal considerations over the use of data is to reinforce ethical considerations,
and to provide the sorts of protections that everybody needs in their everyday lives.
Now, most of us know, as citizens, about the way in which our personal information can
be abused, for example, for advertising.
Most of us become enraged by spam emails that we don't want, by cold calls to sell us products
we put the phone down.
We feel that's a violation of our privacy.
And so legal protections have been put in place, and are increasingly putting in place,
to protect our rights over our personal data.
And any institution is subject to those data protection obligations.
Now this obviously applies to our educational data as well.
So any college or university is very aware of their data protection obligations, and
will take very significant precautions to make sure that they're on the right side of
the law in ensuring that those are in place.
So as we design learning analytics systems for institutions, as we roll them out across
our colleges and our universities, we are always mindful of the needs for data protection.
Ethics isn't just about collecting that data in the first place.
It's about the extent of data we collect, it's the way that we analyse it, the way that
we report it.
So the ethical code starts of course with the institution relating to the individual,
making sure they understand why we're doing it, making sure they understand what information
we're collecting about them.
But there are certain other ethical principles that we need to apply.
So it makes sense to apply a principle of minimality, for example, when we collect information;
we shouldn't be collecting information that is utterly unnecessary for our purposes.
We should confine ourselves to collecting data that is appropriate for learning analytics,
and appropriate for better understanding how learning happens.
So, for example, if we are collecting information from a student of their swiping into the institution,
if that swipe card is a smart card that also contains information about their purchasing
patterns in the cafeteria, is it ethical to be collecting that information as well?
Does it have anything to do with our understanding of their learning experience?
So a principle of collecting only appropriate data.
Similarly, when we are analysing that data, are we analysing it appropriately to our needs?
Are we producing reports that are relevant to education?
Are we confining ourselves to the purposes we've set for ourselves?
Are those purposes transparent?
Are people aware of what we're doing?
And then ethics also extends to interventions.
Are we always intervening in a way that is thoughtful and appropriate?
So, for example, it could very well, on an early alert system, be unethical to alert
a student directly, because if you're alerting a student directly without a human intervention
that they might be at risk, you could do more harm, by persuading them that they lack the
ability to be at the institution.
By persuading them that they did the right thing in leaving.
It will be unethical to make that intervention without a considered appraisal of the consequences
of your intervention.
So being ethical is really about being thoughtful, and about holding in place the ultimate objective
of learning analytics, which is to improve the quality of the student experience, and
the quality of the learning environment.
All of these elements need to come together into a code of practice and so one of the
first things that Jisc did, when we started on the learning analytics journey, was to
consult and to build a code of practice, which is readily available to all practitioners
to use.
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