Community Council/Meetings/Third/Advice and recommendations on WikiEducator's privacy policy

Background

 * 1) Peter Rawsthorne pioneered the development of WikiEducator's current Privacy Policy when WikiEducator was operating under the auspices of the Commonwealth of Learning.
 * 2) This was developed in response to innovative school projects where minors created accounts in WikiEducator for collaborative learning projects.
 * 3) In the US for example, the Children's Online Privacy Protection Act specifies provisions and responsibilities for websites with reference to the requirement for a privacy policy and the responsibilities for our community to seek verifiable consent from the parent or legal guardian. In many jurisdictions teachers function in loco parentis (in place of the parent or guardian) especially during school hours. For instance, in the US, children under 13, may legally give out information with parental consent, but there are requirements to protect the privacy of minors.
 * 4) WikiEducator does not require learners (users) to specify their age when registering an account and as an open website does not have a reliable means to validate the age of our users.
 * 5) The submission of private information is voluntary, for example, WikiEducator does not require users to submit any personal information (for example, names, or email contacts). Personal information published on the wiki pages is voluntary and individual users are responsible for what they publish in WikiEducator.
 * 6) WikiEducator is a community of association and individual users are personally responsible for their activities and actions in the wiki. As a community project we take the rights of individuals (especially children) seriously and WE implemented the procedures and guidelines that would be required of a professional community of practice.
 * 7) WikiEducator does keep information provided voluntarily by users when registering an account, for example Name and email contact particulars. However, the information stored in the database has not been used other than the automated features provided by the Mediawiki software, for example sending email notifications to pages on the user's watchlist. However the user must "opt-in" for this feature by checking the relevant option in their user preferences -- so all automated notifications using personal information have been approved by the user.
 * 8) The OER Foundation, an independent not-for-profit, is responsible for raising and administering funds to maintain and support the technical and operational infrastructure of the WikiEducator community in accordance with the policies approved by the WikiEducator Community Council. Our upcoming public gifting campaign and recruitment of institutional contributing members will require the collection of personal information from donors and contributing members. Registered in New Zealand, the OER Foundation operates under the jurisdiction of the New Zealand Privacy Act 1993 and the inaugural Board of Directors recently approved the Donor and contributing member privacy policy of the OER Foundation. This policy was reviewed by legal counsel for the OER Foundation, and is more rigorous than the requirements of the Privacy Act in that we extend the same privacy provisions for individuals to organisations (which is not required by the Act.)
 * 9) The OER Foundation's Donor and contributing member privacy policy stipulates what information we will collect and how this information will be used.
 * 10) The OER Foundation's Donor and contributing member privacy policy is openly licensed and therefore can be reused and remixed for any policy refinements WCC consider appropriate for WikiEducator.
 * 11) The growth of WikiEducator combined with emerging needs of our project suggests that WCC should consider revising and improving its current privacy policy, with particular reference to the information we hold and providing clear specifications of how the information is protected and used.

Pre meeting discussion on background issues prior to drafting motions
There are a few questions Council need to consider. This is in preparation for whether or not to consider a motion to action the revision and improvement of WikiEducator's privacy policy.

What needs to be improved? Are their any gaps in the current WE Privacy Policy?

 * List your thoughts here

Under what situations, in your professional opinion, would it be fair and reasonable for WikiEducator to send an email to a registered user?

 * Notifying a user of possible breach of copyright (for instance uploading an image without metadata or attribution)
 * Notifying a user that an image may be deleted within a specified time frame where intellectual property rights can not be established
 * Providing permission to receive notifications and publications about the WikiEducator project
 * Notifications to changes in the privacy policy
 * Add other reasons ...

Alternatively:


 * consider asking once only next time they log in.
 * in 'my preferences' add an option under 'E-mail' or add a section for notifications and mailing lists (though the latter may be found via the 'community' panel on the left).
 * A Wikipedia-style notification which appears at the top of the screen next time they login offering 'opt in' or 'dismiss' (opt out).

Lazy consensus question
When WikiEducator was setup, we did not provide the facility for users to "opt in" to receiving information via email on WikiEducator.

Question: Is it fair and reasonable to send one email to registered users informing them of the facility to opt into receiving future emails ex post facto? Yes (Vote = +1), No (Vote = -1), No, unsure (Vote = 0).


 * +1 Kim Tucker 09:45, 4 May 2010 (UTC) - one e-mail is acceptable (but consider alternatives above). Henceforth, for new registrations, include the option in the same e-mail that will confirm e-mail address on registration.
 * Yes Rob Kruhlak 15:18, 4 May 2010 (UTC)
 * +1 (Yes) Peter Rawsthorne 15:55, 4 May 2010 (UTC)
 * Yes, definitely Valerie Taylor 00:24, 5 May 2010 (UTC) IMHO people expect to get information from WikiEducator on a regular basis. WE talk about community and collaboration but WE don't reach out to existing users to keep them updated and included pro-actively.
 * Yes Sanjaya Mishra 04:31, 6 May 2010 (UTC)
 * Yes Savithri Singh 05:55, 6 May 2010 (UTC)
 * +1 (Yes) --GünOss 14:52, 6 May 2010 (UTC) We shouldn't be too shy to contact people.
 * Yes, without a doubt. Randy Fisher 23:09, 6 May 2010 (UTC)
 * +1 (Yes) --Christine Geith 13:23, 7 May 2010 (UTC)
 * Yes Nellie Deutsch 20:41, 7 May 2010 (UTC)
 * Yes Ahrash Bissell 04:59, 8 May 2010 (UTC)
 * Add lazy consensus vote here

Draft concept for motion

 * I would like to entertain a motion for Council to appoint a Community Workgroup to review WikiEducator's privacy policy in accordance with our Policy for Community Workgroups. The Workgroup shall consider the advice and guidelines provided by Council during this meeting and prepare a proposal for improving WikiEducator's privacy policy (which may include a revised draft) for consideration by Council at the next general meeting. --Wayne Mackintosh 02:49, 7 May 2010 (UTC)

Discussion on draft motion
I share the same thought on having a WorkGroup  to deliberate on the WE's Private Policy. Having the Workgroup now, we shall be in position to chalk-out a proposal framework based on the guidelines and advices of the present Council Meeting.--Pankaj 05:10, 7 May 2010 (UTC)

Motion
I move that the Council form a Community Workgroup to deliberate on WikiEducator's privacy policy in accordance with our Policy for Community Workgroups. The Workgroup shall consider the advice and guidelines provided by Council during this meeting and prepare a proposal for improving WikiEducator's privacy policy (which may include a revised draft) for consideration by Council at the next general meeting. Christine Geith 13:28, 7 May 2010 (UTC)

Second

 * Savithri Singh 17:27, 7 May 2010 (UTC)

Approval

 * Randy Fisher 20:44, 7 May 2010 (UTC)
 * Nellie Deutsch 20:55, 7 May 2010 (UTC)
 * Kim Tucker 21:06, 7 May 2010 (UTC)
 * SteveFoerster 22:55, 7 May 2010 (UTC)
 * Erik Moeller 23:14, 7 May 2010 (UTC) I would suggest organization under broad "Terms of Use", or alternatively complete separation of privacy policy from other terms of use -- the current document mixes different policies in confusing ways. The Wikimedia Foundation Privacy Policy may provide some useful guidance in the further development of this important policy; it's CC-BY-SA licensed so can be built upon as needed.
 * Rob Kruhlak 00:43, 8 May 2010 (UTC)
 * Savithri Singh 02:53, 8 May 2010 (UTC)
 * Sanjaya Mishra 04:29, 8 May 2010 (UTC)
 * Ahrash Bissell 05:01, 8 May 2010 (UTC) I concur with Erik's points. There are many different types of rights at play in a site like Wikieducator, and though they are often thought of together, they do not necessarily interact cleanly.
 * Vincent Kizza 06:37, 8 May 2010 (UTC)
 * Leighblackall 06:51, 8 May 2010 (UTC)
 * Peter Rawsthorne 14:06, 8 May 2010 (UTC)
 * Günther Osswald 06:57, 9 May 2010 (UTC)
 * Valerie Taylor 03:40, 10 May 2010 (UTC)
 * Christine Geith 16:08, 10 May 2010 (UTC)
 * Pankaj 18:14, 10 May 2010 (UTC)

Disapproval

 * List votes for disapproval here and sign

Abstention

 * Any abstentions must be listed here

Result
A majority of the Council has voted to approve this motion. This motion has been approved. (For the record --- additional votes are always welcome) --Wayne Mackintosh 19:52, 8 May 2010 (UTC)