Is the GPDR a showstopper forLearning Analytics?

Jocelyn ManderveldDigitalisierungs(wahn)Sinn?

Goethe-Universität FrankfurtSeptember 10th, 2018

Is the GDPR a showstopper for Learning Analytics?

GDPR

Let’s keep the spirit up!

Learning analytics in Dutch Higher Ed

SURF

Research universities, universities of applied sciences, and research institutions work together in SURF in order to: • improve the quality of research and education

by:• creating pioneering ICT innovations.

www.surf.nl

Learning Analytics @ SURF

To help institutions gain an insight into how learning analytics can contribute to more effective and more efficient

support that is tailored to the learning requirements of students

Learning analytics: How?

• Learning Analytics in educational practice

• Providing the necessary conditions:• Learning Analytics & privacy• Learning Analytics experiment• Learning Analytics infrastructure

The things we did!

Privacy!

Learning analytics in Educational Practice

Who is participating?

GDPR showstopper

Difficulties implementing GDPR

No sufficient law cases

Sentiment

GDPR: Key principals

• Processed lawfully, fairly and transparently• Collected only for specified purposes• Limited to what is necessary for those purposes• Kept accurate• Held for no longer than is necessary• Retained securely

https://www.jisc.ac.uk/guides/data-protection

Process personal data lawfully• Consent: the individual has given clear consent for you to process their

personal data for a specific purpose• Contract: the processing is necessary for a contract you have with the

individual, or because they have asked you to take specific steps beforeentering into a contract• Legal obligation: the processing is necessary for you to comply with the

law (not including contractual obligations)• Vital interests: the processing is necessary to protect someone’s life.• Public task: the processing is necessary for you to perform a task in the

public interest or for your official functions, and the task or function has a clear basis in law• Legitimate interests: the processing is necessary for your legitimate

interests or the legitimate interests of a third party unless there is a goodreason to protect the individual’s personal data which overrides thoselegitimate interests.

Process personal data lawfully for Learning Analytics• Consent: the individual has given clear consent for you to process their

personal data for a specific purpose• Contract: the processing is necessary for a contract you have with the

individual, or because they have asked you to take specific steps beforeentering into a contract• Legal obligation: the processing is necessary for you to comply with the

law (not including contractual obligations)• Vital interests: the processing is necessary to protect someone’s life.• Public task: the processing is necessary for you to perform a task in the

public interest or for your official functions, and the task or function has a clear basis in law• Legitimate interests: the processing is necessary for your legitimate

interests or the legitimate interests of a third party unless there is a goodreason to protect the individual’s personal data which overrides thoselegitimate interests.

More specific for Learning Analytics

Public Task

• Grades• Duration of study• Name• Address• Etc…

Consent

Consent• What do we plan to do, and why?• Our research examines the study-related activities of students online. In this way, we gain insight into online

study-related activities.• We will share the online study activities: lecturers and the students themselves will see an overview of the

students ’ activities.• We will ask you, via a questionnaire, how you feel about sharing the online study activities. You can then

choose whether or not to participate in this portion of the study.

• Through this study, both researchers and the lecturers of the courses involved will gain information on:• Whether and at what point the student has turned in assignment(s) for the [name of course] course;• When a student did the learning activities;• Whether a student is monitoring their own study progress;• Which teaching materials a student uses frequently;• How often and when a student takes part in interim testing for the course;• Whether a student has answered a test question and how many points the student earned per question and for the test as a

whole.

• You will be able to view any data about yourself we gather.

• Data no longer held than 3 months.

Specifiedpurposes

Lawfully, fairly, transparently

No longer thannecessary

Legitimate interest

Lawfully, fairly, transparently

Keptaccurately

Specifiedpurposes

Is the GDPR a showstopper for Learning Analytics?

• Which questions should be answered by means of LA? Purpose

• Which data are needed for that? Transparently

• Are those data already available, where? Or should they be collected? Limited

• Involve lawyer, discuss legal grounds! Legal Obligation, Consent, Legitimate interests

• Design software or check software! Retained securely and no longer than necessary

DankeJocelyn Manderveld

j.manderveld@passion4-learning.nl

@jocelynmary

www.linkedin.com/in/jocelynmanderveld