Influence of law and ethics


As a teacher of science, the increase in use of digital technologies is exciting in its' potential to enhance the investigative learning experience. As a result, I regularly ask my students to photograph and/or video evidence as part of an investigation. It’s not generally a requirement of students to be “in shot”, however it has occurred to me that this could potentially be abused.
Several instances in the past couple of years in my school have highlighted the need for greater vigilance in regulating or monitoring this practice. Students and teachers have been photographed without their knowledge, with the resulting media being uploaded to social media. Recently, a teacher was filmed during a disciplinary situation with a student. In each circumstance, families of these students have supported them, even going so far as to encourage it. At this stage, lawyers become involved.
There are obvious legal implications here. The New Zealand Police say that photographing or videoing people in a public place is fine, unless the person(s) is:
  • is naked, in underclothes, showering, toileting etc.
  • is unaware of being filmed or photographed
  • has not given consent to be filmed or photographed
But photographing/videoing shouldn’t happen if:
  • they are in a place where they would expect reasonable privacy and publication would be highly offensive to an objective and reasonable person
  • it has potential to stop other people's use and enjoyment of the same place
  • you have no legitimate reason for taking the film or photos.
The Privacy Act backs this up by stating that schools should not video/audio record a person without their knowledge. NetSafe has even published a “Digital Technology” safety guide for schools to help support them in managing safe and responsible use of digital technology for learning. The incidents I have mentioned relate directly to cyber safety. (Dalziel, 2009; NetSafe, 2015)
The NetSafe document discusses how prevention of misuse of digital technology is better than having to respond to it. Our school has a “Digital Citizenship” programme to address this, although this has been slow to roll out to all students at the school. This programme provides an ethical framework for interaction with digital technology at the school. These “ethical dilemmas” bring this to the forefront. At a basic level, ethics is a system of moral principles, and are beliefs that shape the way we live (“BBC - Ethics - Introduction to ethics: Ethics: a general introduction,” n.d.). New Zealand teachers all adhere to a set of professional standards, and as a part of this the code of ethics for registered teachers tells us we should make decisions with these things in mind: (Tikanga & Paerewa, n.d.)

·    Autonomy to treat people with rights that are to be honoured and defended,
·    Justice to share power and prevent the abuse of power,
·    Responsible care to do good and minimise harm to others,
·    Truth to be honest with others and self.
However, in a time where there is a blur of the socialisation role of family & school, the need for students to be aware of ethical decision making is just as vital as for teachers. Whose role is it to implement or enforce decisions about what digital material to take or use? The NZ curriculum document even encourages teachers to help students develop the ability to make ethical decisions and act on them (p. 10)
“We ask ethical questions whenever we think about how we should act. Being ethical is a part of what defines us as human beings”.
It is the responsibility of a school to outline their own “code of ethics”. NetSafe’s digital safety document sets out how development of this set of values could complement input and support from teachers, schools and policy. However, when personal devices are used for educational purposes but the materials are used inappropriately, whose responsibility is it then? Teenagers’ decision making ability has been known to be questionable on occasion, even when they are aware of “right from wrong” so do we even bother to educate them in an ethical sense, or do we go straight down a legal path? Our students live increasingly in an online world, so perhaps we should be connecting the virtual to the reality. (Hall, 2001; NetSafe, 2015)

References & Links
BBC - Ethics - Introduction to ethics: Ethics: a general introduction. (n.d.). Retrieved October 11, 2017, from http://www.bbc.co.uk/ethics/introduction/intro_1.shtml
Dalziel, K. (2009). Privacy in schools, 21–22. Retrieved from https://privacy.org.nz/assets/Files/Brochures-and-pamphlets-and-pubs/Privacy-in-Schools-September-2009.pdf
Hall, A. (2001). What ought I to do, all things considered? An approach to the exploration of ethical problems by teachers. IIPE Conference for Ethics, Law, Justice and Governance, Griffith University, NAthan Campus, Brisbane, 8 April, (April). Retrieved from http://www.educationalleaders.govt.nz/content/download/545/4465/Hall 2001.pdf
NetSafe. (2015). Digital Technology. NetSafe. Retrieved from www.netsafe.org.nz

New Zealand Police. (n.d.). What are the rules around taking photos or filming in a public place? | New Zealand Police. Retrieved October 11, 2017, from http://www.police.govt.nz/faq/what-are-the-rules-around-taking-photos-or-filming-in-a-public-place
Tikanga, N., & Paerewa, M. N. (n.d.). Our Code Our Standards. Retrieved from https://educationcouncil.org.nz/sites/default/files/Our Code Our Standards web booklet FINAL.pdf

Zealand, T. N. (2006). The New Zealand Curriculum. Methods, 116(1185), 44. Retrieved from http://nzcurriculum.tki.org.nz/the_new_zealand_curriculum


Comments

Post a Comment

Popular posts from this blog

Interdisciplinary Connections

Image
It’s no secret; I adore learning. Learning is ALL about making connections, so this post is my favourite by far. The Oxford Dictionary defines interdisciplinary as “relating to more than one branch of knowledge”. For someone who lives to learn, and to help others learn, the connections or branches are potentially limitless. Mind-mapping tools didn’t quite cut it for me when building this map. My connections are related to me, but also separate to each other, each one inextricably linked by its’ value to my professional world. The lightning rods represent both current and potential dynamic connections to a wider community. Each one permeates other connective groups in different ways (which may not themselves be connected) and all are connected to my practice. There are always potential connections arising due to my background in biotechnology and my connections in the wider education community. Interdisciplinary learning has been seen as vital for a coherent curric...
Read more

Current issues in my professional context

In my last post I wrote about how relational trust is an integral factor in the progression of a community of practice. Of course, there are practices that address this, all of which contribute to the professional climate - not only within my faculty, but the school community. A school is indeed its’ own community. Although made up of representatives from the wider community, the culture and climate of a school is vital for the wellbeing of its’ members. School culture is influential as well as unique to its’ members. A culture is like glue that holds an organisation together in the way that it goes about its’ business. Climate is more consistent and about the attitudes, perceptions and psychological environment - all of which help to build culture (Hongboontri & Keawkhong, 2014). The culture and values my school community aspires to are defined by: NZ curriculum values (e.g. excellence, equity, innovation, integrity) Cornerstone values (e.g. honesty & truthfulness, ...
Read more

Introducing me...

I'm a mum, a scientist, a teacher, a student, but above all...  a learner. This blog is a collection of my work during the MindLab by Unitec course, as well as an account of my own learning journey.
Read more