The use of open data in education: legal risks to be taken into account

The connection of open data and education can be assessed from a legal point of view, at least from a double perspective. Firstly, the focus should be on the possibilities of re-using data generated in administrative management activities linked to the provision of the service. Thus, there are datasets linked to statistics, to the evolution of enrolments according to different criteria, to the location of educational centres and their respective areas of territorial influence, to the private entities that manage certain activities or, among other examples, to the carrying out of certain activities and the offering of specific curricular options. From this perspective there are many challenges that can help to improve learning outcomes and, in general, service provision.

However, secondly, the use of open data can also be integrated into the methodologies and activities of the educational process, thus helping to modernise the system with the aim of training competent professionals capable of facing the challenges posed by the digital society. From this second perspective, while noting that there is no specific regulation in the field of education, the legal implications of activities carried out using open data should be taken into account.

In this respect, in the educational field, the relevance that the use of open data can have if it is integrated into methodologies based on interaction and a firm commitment to scientific-technological knowledge, particularly when it comes to encouraging critical thinking and autonomous initiative, as well as boosting social cohesion, is indisputable. In this sense, the close link between educational activities and the cultural sphere should be highlighted, an interaction in which the reuse of public sector information is particularly useful, as has been demonstrated in the case of archives, libraries or museums.

3 legal considerations to be taken into account

When launching an initiative related to open data in the context of education, the assessment of legal requirements acquires a unique significance, especially from a preventive approach that avoids future problems, in particular with regard to the liability that could be incurred. 

In this context, what are the main variables to be taken into account?

1. Firstly, it must be verified that the content to be re-used is published in a way that allows its use for educational purposes or at least for other purposes that are compatible, in particular from the perspective of intellectual property rules. In this respect, the information on licences for use may provide initial guidance, although the source of the data will not always have made the appropriate indication in a specific manner. In case of doubt, before starting the project, it is advisable to expressly confirm the viability of the intended uses by contacting someone responsible for the portal where the data is available or, if it exists, the supplier who has provided it.

2. Secondly, the legal terms and conditions under which the results of the education project or initiative would be made available to third parties should be considered in advance; in particular whether their dissemination or even commercialisation is envisaged, where possible considering the restrictions arising from the origin of the data indicated above. In particular, if the use of social media channels is assessed, the scope of the terms of use of the respective platform should be reviewed. Likewise, it is essential to bear in mind that the use of social networks does not entail any restrictions that are incompatible with the policies of dissemination of the results being considered, particularly if free-of-charge is not contemplated. On the other hand, when the educational activity in which the data is used is connected to a research project financed with public funds, it would also be necessary to consider whether the regulations on science and technology or, where appropriate, the bases of the call involve a specific obligation aimed at facilitating free access, which is frequent in the European Union.

3. Apart from the above considerations, it is necessary to evaluate in particular the implications for the protection of personal data. In particular, the link to identified or identifiable natural persons may pose a significant risk, as their consent will normally be required, in particular if the information is to be used for purposes other than those justifying its initial dissemination. In other words, the fact that the data has been made public does not necessarily authorise its re-use, unless anonymisation techniques are used with appropriate technical and legal guarantees. On the other hand, when disseminating the result of the educational activity carried out, an assessment should be made of whether the use of audiovisual media entails the processing of personal data and, in particular, whether the right to one's own image may be affected, especially if minors are involved.

In short, the adequate evaluation of the demands and requirements contemplated by the legal norms constitutes an unavoidable requirement when designing, executing and valuing the use of open data in projects and initiatives carried out in the educational field. Therefore, this is a variable that the teams participating in the Aporta Challenge 2020 will have had to take into account, which on this occasion has focused on the value of data in digital education, undoubtedly one of the areas where a greater effort is required when facing the challenges that the COVID-19 pandemic is generating.

Content prepared by Julián Valero, professor at the University of Murcia and Coordinator of the Research Group "Innovation, Law and Technology" (iDerTec).

Contents and points of view expressed in this publication are the exclusive responsibility of its author.