[UPDATE: thanks for your feedback. Final text has now gone into the Jisc production process :)]
The question mark in the title of my Digifest talk is the key point, because I wonder whether data is the wrong place to start. In our current digital landscape, we're all too used to hearing ourselves described as "silkworms", donating "new oil" to "surveillance capitalists"; even the term "data subject" has a dehumanising feel.
A few weeks ago I gave a presentation to an audience of university accommodation managers (thanks to Kinetic for the invitation), where I suggested that we should view Data Protection as an opportunity, rather than a challenge.
Following on from my previous blog post on the possible uses of wellbeing analytics, we'd very much welcome comments on this latest draft of our Code of Practice. Note that this includes the maximum safeguards from all legal bases that seem likely to apply, so even if our continuing investigations conclude that some of those bases are not appropriate, the Code's recommendations are unlikely to change significantly.
While colleagues are looking at whether data can be used to pick up early signs of mental health and wellbeing problems, I'm exploring possible legal frameworks for doing that safely. As the diagram shows, trying to deliver an early warning service to all students falls into a gap between three reasonably familiar areas of data protection law:
In a workshop at last week's AMOSSHE conference, we discussed how wellbeing analytics might be able to assist existing Student Support services.
Earlier this week I did a presentation to a group from Dutch Universities on the ethics work that Jisc has done alongside its studies, pilots and services on the use of data.