Presentation at the 19th Jisc learning analytics network meeting, 20 October 2020.

1. Wellbeing Analytics Code of
Practice
Andrew Cormack, Chief Regulatory Adviser (@Janet_LegReg)

2. Initial insight
•Learning analytics = Data-informed learning support
• Some learning issues have wider causes
• Can we help those in similar way?
•Data-informed wellbeing support = Wellbeing analytics?
• NB not limited to “analytics” in the “big data” sense
2 Wellbeing Analytics Code of Practice
© LillyCantabile on Pixabay

3. Comparison with Learning Analytics
Same…
•Might consider data for
• Self-awareness/benchmarking (apps, dashboards…)
• Single data entry (counsellor knows your workload)
• Triage (what’s the most appropriate source of help)
• Alerts (intervention may be needed)
But different…
•Not a closed system: many more sources
• To identify stresses (“environment”)
• To suggest response (“behaviour”)
•Even higher risk
• Sensitive data/inferences
• Consequences of false positives
• Consequences of false negatives
• Self-fulfilling prophecies
•Provide tools to support those?
3 Wellbeing Analytics Code of Practice

4. Learning Analytics CoP (ethics-based) a good start
4
What does law (GDPR+DPA18) add?
•NOT “is this lawful?”
• Many routes, many answers to that
•Take safeguards from all relevant sections
Wellbeing Analytics Code of Practice
https://www.jisc.ac.uk/guides/code-of-practice-for-learning-analytics

5. Information Commissioner’s Office Sandbox project
•One of 10 projects accepted (60+ applied) ☺
•In depth discussions with DP Regulator of
• Legal framework
• Code of Practice content
• Other support tools
• NB No data!
•Sandbox activity completed early 2020
• ICO and Jisc very happy with process & result ☺
© Liji Jinaraj (KarmaDude) on Flickr5 Wellbeing Analytics Code of Practice

6. Key differences from Learning Analytics
•Must be overseen by health professionals
• As learning analytics is overseen by learning professionals
• But can be operated by appropriately trained tutors & support staff
•Testing & Validation even more important
• Potentially even more serious consequences of error
• Best to treat these as separate processes to avoid data leakage
•Must have sufficient resources to use the data/flags raised
• Otherwise processing merely increases risk
•High risk: likely to require a formal Data Protection Impact Assessment…
•Wider range of sources: need to consider Purpose Compatibility…
6 Wellbeing Analytics Code of Practice

7. Tools: DPIA template
Assessing risk to individuals
•Likely legal requirement for wellbeing projects
• Confidence-building measure anyway
•Based on ICO approach
•Jisc fills in some likely risks
• Institutions add/remove/assess severity
•Jisc fills in some likely controls
• Institutions add/remove/assess residual risk
https://www.jisc.ac.uk/guides/code-of-practice-for-wellbeing-and-mental-health-analytics Annex
A
7 Wellbeing Analytics Code of Practice

8. Tools: Purpose compatibility matrix
Assessing scariness to individuals
•Helps select among (existing) data sources
•Purpose similarity
• Data collected/used for similar purposes
•E.g. individual tutorial support
• Data collected/used for different purposes
•E.g. statistics
•How hard to communicate the change?
•Distance => Risk
• Of causing alarm/hurt/resistance
• Of destructive reaction
https://www.jisc.ac.uk/guides/code-of-practice-for-wellbeing-and-mental-health-analytics Annex B
8 Wellbeing Analytics Code of Practice

9. References
• Code of Practice
• https://www.jisc.ac.uk/guides/code-of-practice-for-wellbeing-and-mental-health-analytics
• Information Commissioner on Data Protection Impact Assessments
• https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-
protection-regulation-gdpr/accountability-and-governance/data-protection-impact-
assessments/
• Information Commissioner on Purpose Compatibility
• https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-
protection-regulation-gdpr/principles/purpose-limitation/
• Information Commissioner Sandbox report
• https://ico.org.uk/media/for-organisations/documents/2618023/jisc-regulatory-sandbox-final-
report.pdf
• Background and Updates
• https://regulatorydevelopments.jiscinvolve.org/wp/tag/wellbeing/
9 Wellbeing Analytics Code of Practice

10. Discussion Points:
• How to make data protection your friend?
• How important are wellbeing analytics to your
institution?
• How would you go about implementing wellbeing
analytics?
and
• Anything else that you think is important?
Wellbeing Analytics Code of Practice10

11. Andrew.Cormack@jisc.ac.uk
jisc.ac.uk
Andrew Cormack
Lumen House, Library Ave, Didcot OX11 0SG
01235 822200