The UV Data Protection delegation informs all (teachers, professors and students) of the following aspects:
- Data protection in online teaching.
The treatment of data in online teaching (in accordance with article 6.1.b) of the RGPD) does not require the consent of the student, since it responds to the provision of the public higher education service of articles 1 and 2 of the Organic Law 6/2001 of Universities. In addition, it is a consequence of the obligation to close the face-to-face teaching agreed by the authorities in exercise of the powers of the "state of alarm" (in accordance with articles 6.1.c) of the RGPD and 8 LOPD-GDD)
Obviously, each teacher must guard the personal data of the students with due confidentiality, adopting the pertinent security measures for its conservation.
- The protection of privacy in online teaching.
The student must also keep due confidentiality and respect the teacher's image and intellectual property rights. Therefore, the video-classes and the teacher's teaching materials cannot be disseminated outside the classroom environment. Obviously, the student can save the materials in digital environments for their own and exclusive use.
The student must also respect the privacy of other classmates who, being also connected to the session, may expose personal data and aspects.
- The intellectual property of the teacher's materials and video-classes.
The intellectual property of the video-classes and of the materials produced by each teacher is their exclusive property, in their capacity as author. Its reproduction, distribution and public communication or any other form of exploitation or dissemination is prohibited, without the authorization of the teacher.
- Regarding the regulations on intellectual property when using third-party materials.
Our Intellectual Property Law is very restrictive when it comes to allowing the use of other works protected by intellectual property for educational purposes. See article 32 LPI.
It only allows uploading small fragments of audiovisual, sound or printed works, or an isolated plastic work of art or a photograph for your teaching comment.
Therefore, collections of works of art or photographs (whether artistic or mere photographs) cannot be uploaded to online teaching platforms unless they are in the public domain or are exploited with a license that allows their use (the teacher must make sure if the license, normally “creative commons”, allows its use for educational purposes).
Nor can other sound or audiovisual works be uploaded and shared for educational purposes, unless they are in the public domain or the license allows it. Although you can provide the students with links for them to access on their own.
In short, the use of collections of works of art, collections of photographic works, or the complete broadcast of films, videos and audiovisual recordings (including their upload to the virtual classroom) requires the appropriate license or express authorization of the owners of the property intellectual.
Finally, it is allowed to use and upload to the virtual classroom ten percent of the printed work of others (eg, scientific articles or book chapters that are not more than 10% of the magazine or book), and provided that these printed works are not manual. Although this legal possibility has a very high economic cost for universities.
In any case, and apart from online classes, students have online manuals at UV libraries at their disposal.
For any questions, we remain at your disposal in lopd@uv.es