Lehre 4.0 | Legal Aspects of E-Learning
Learning platforms
Advantages of university-owned learning platforms
Data protection and data security: Personal data of university members do not fall into the hands of third parties because they are stored on university servers. Backups and strict access rules protect all data against loss and unauthorized access.
Use of external material
For the enrichment of multimedia teaching and learning scenarios, a variety of media formats can be used, e.g. text, image, film and music. Usually, these media are protected by copyright. They can be used on the learning platform if the permission of the copyright holder or an exception to the copyright has been granted. As in every scientific publication, the rules of good scientific practice also apply to learning platforms)!
The consent of the persons depicted must always be obtained for materials containing photographs of persons, unless an exception to § 23 KUG applies. This is the case, for example, when portraits from the sphere of contemporary history are concerned, the persons photographed were only photographed as accessories to the landscape or at public gatherings.
Privacy
The collection, processing and use of personal data is permitted if it is necessary for the fulfilment of the functions of the responsible body (in this case the university), including in particular teaching and examinations. Automated data processing, e.g. the use of learning platforms, may only take place if there is no less intrusive means of interfering with the rights of the students that achieves the intended purpose just as well. In connection with (learning) platforms, students should therefore not be requested to disclose more personal data than necessary, e.g. in surveys via Stud.IP or ILIAS. If the purpose or scope exceeds what is legally permitted, the consent of the students must be obtained. Their refusal must not have any negative consequences for their further studies.
Personal data may not be collected, processed or used without legal permission or individual consent.
Terms of use
University members (students and staff) agree to the respective terms of use when logging on to a platform for the first time. These serve to protect the platform (e.g. prohibiting the introduction of malware) and open up claims for compensation in the event that the university is admonished to use protected material on the platforms illegally (cf. Grabe 2018).