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Abstract
Information and communication technology (ICT) has been making its way into our
lives since the invention of Internet and its applications, which comprises the use of human
data. In the recent years, it has conquered the education industry, providing school
administrators and teachers a more challenging, yet effective and practical way of managing
school operations and student interaction. While the positive effects are staggering, it goes
without notice that privacy of students are being sacrificed. The Philippines enacted its own
privacy law, the Data Privacy Act of 2012 and Cybercrime Prevention Act of 2012 to protect
its people from the growing use of data, these includes teachers and students. As it is
relatively new, the researchers investigated the perceptions of high school teachers and
administrators from public and private schools in Manila, Philippines towards student data
privacy and its legal implications. The methods used in obtaining the perception were
through survey using convenience sampling of participants. Analysis administered for the
perception are descriptive statistics, validity and reliability, and correlation of perception.
Results from the survey were analyzed using the Likert Scale. Results show that the
perception of the teachers show significant effect on their perceived actions to take whenever
there is threat to their legal safety.
Introduction
Present the purposes of the study and provide background for your work.
Introduction
Schools of today are making the most out of the use of technology. The prevalence
and use of computers, the Internet, and social media are continuously evolving and
expanding; and concomitantly so are the legal, ethical, and practical implications in the
employment sector and beyond (Cavivo, Majtaba, Muffler, & Samuel, 2013). According to
the National Association of Secondary School Principals (n.d.), school administrators and
teachers have been using technology-enhanced data collection and analysis as tools to aid
their schools in planning, and implementing personalized, student-centered learning
experiences for their students. Though it seems that current technology has made access to
data much easier and reliable, there are pitfalls to it and one is the increasing trend of sharing
private student information (Bloom and Attai, 2016). In the Philippines, the ‘Data Privacy
Act of 2012’ is a safeguard enacted by the government to such pitfall. The Republic Act No.
10173 aims to “protect the fundamental human right of privacy, of communication while
ensuring free flow of information to promote innovation and growth”. As it is relatively new,
this research would like to gather and compare perceptions of administrators from private and
public high schools in Manila, Philippines on the act, as well as compare data privacy laws in
other countries .
In this research paper, the group aims to provide answers and explanation to the
following research questions:
1) Do the students know their rights and power of their personal data?
2) Do administrators and teachers respect the personal data of the students?
3) What are the administrators perspectives regarding social media scenario that
involves ethical and moral dilemma?
When personal, private, or priviledged data are to be collected and processed, the
purpose must first be specified, legitimate, transparent, legal, and reasonable (Amihan, 2017;
Wapp, 2017). Certain circumstances have been identified though as exceptions when it comes
to processing of such data and Wapp (2007) stated these:
· Consent of the data subject;
· Necessity to protect the lawful rights of data subjects in court proceedings, legal
proceedings, or regulation.
Second, the consented information can be shared to only the agreed recipient. The
information, kept accurate and relevant, must be used only for the stated and agreed upon
purposes and kept for as long as reasonably needed (Amihan, 2017). Third parties, most
especially, who process personal information must have and utilize contracts or other
reasonable means that align with the Act’s implementing rules and regulations (IRR) to
“ensure the confidentiality, integrity and availability of the personal data processed, prevent
its use for unauthorized purposes, and otherwise comply with the law” (Parsons, M. and
Crawford, L., 2016). When unauthorized person has acquired any sensitive personal
information or information that may be used to commit identity fraud, the personal
information controllers must notify NPC within 72 hours as mandatory breach notification
(Parsons, M. and Crawford, L., 2016).
Third, when the personal information is no longer needed, it must be securely
discarded. It must not be visible and accessible to unauthorized parties (Amihan, 2017).
When handled improperly, the Act states that one is punishable for up to six (6) years in
prison or up to five million pesos (PHP 5,000,000), depending on the nature and degree of the
violation (Amihan, 2017).
ASEAN Countries
Indonesia
There are regulations executed in regards to the use of electronic data such as those on
electronic information and transactions (EIT Law); however, there is no general law on data
protection. A new bill is being discussed and drafted though on the Protection of Private
Personal Data, but the issue date is yet uncertain.
Malaysia
The first comprehensive personal data protection legislation of Malaysia was passed
by the Malaysian Parliament on June 2, 2010 and came into force on November 15, 2013.
The legislation is entitled the Personal Data Protection Act 2010.
Singapore
The country has enacted the Personal Data Protection Act 2012 or otherwise known
as No. 26 of 2012 on October 15, 2012. Data protection, under this Act, is applied to the
private sector; thus, there are separate rules for those of the public sector. In addition, the act
has an extraterritorial effect, wherein it applies to organizations, present or not in Singapore,
collecting personal data from the people of the said country.
Thailand
There is currently no law as to governing data privacy in the country; but a draft is
being reviewed as the Constitution of the Kingdom of Thailand recognizes the protection and
urgency of privacy right. The Personal Information Protection Act is currently a draft being
reviewed by the Office of the Public Sector Development, which later will be passed on to
the Cabinet for further approval. The draft "provides protection of personal data by
restricting the gathering, using, disclosing and altering of any personal data without the
consent of the data owner". Furthermore, a Protection of Personal Data Commission is being
called for to regulate compliance with the draft. With the plans to enact such, there is no yet a
clear date as to when the act will be finalized and bounded.
China
The People's Republic of China (PRC) had promulgated and taken into effect the PRC
Cybersecurity Law last June 1, 2017. It is the first national-level law that directly addresses
cybersecurity and data privacy protection. The purpose of such law is to "protect online
information security, safeguard the lawful rights and interests of citizens, legal entities or
other organizations, and ensure national security and public interests". Furthermore, the law
enabled provisions in other laws and regulations that may be applicable depending on its type
of information or industry. The Law provides, as well, guidelines that serve as the national
standards that indicate key data protection concepts, principles, and regulations.
Research Methodology
The survey was developed and pretested on the respondents of private and public
schools in Metro Manila, Philippines. The participants of the survey were collected mainly
through convenience sampling and was voluntary. In order to be eligible, he respondents
must be currently employed as a teacher full-time teacher in an accredited school.
The context for this research focuses on the Data Privacy Act of 2012 and the
perceptions of the different participants certainly the administrative body of both private and
public schools gathered through interviews, the readiness to allow operational collection and
use of particular information by corporations through online surveys. The study is based on a
renewed study of data from a survey conducted. The survey focuses on views of school
teaching profession from the top to the least level of the organizational structure, which is
from senior management to probationary teachers. Some of the personal information gathered Commented [JCZ1]: Not needed because this is the
through explicit online situations is kept intimate and is treated with utmost respect. The essence of the descriptive data. But could be used in
the introduction in a different way
survey was intended to focus on the way teachers reply to situations when personal
information as these are collected in various manner. This particular survey also aimed at Commented [JCZ2]: To be used in Survey Instrument
defining contributors' general self-importance. For all concepts of this study, plain inquiries portion
were used as a tool for deriving information from the contributors. The survey was developed
and pretested on the respondents of private and public schools in Metro Manila, Philippines.
Survey participants were collected mainly through convenience sampling.
Survey Instrument
The items created were mainly adapted from study of James, T. L. et al (2017), as well as
literature related to information systems (Dinev and Hart, 2006 ; Bélanger et al., 2011;
Johnston and Warkentin, 2010). The researchers also developed a scale related to work
related activities as the legal implications would be reflective of their involvement at work in
the teaching profession. The constructs of the items in the survey, as seen in Table 1, are
divided in different parts of the survey. The researchers tested the measures of central
tendency, with mean and standard deviation for the analysis of the Likert scale. Validity,
reliability, and discriminant validity were measured for the Likert scale items in the survey.
Participants
In this research, convenience sampling was used for obtaining the respondents. In this
research, convenience sampling was used for obtaining the respondents. Demographic
information of the respondents were collected in congruence with the survey as shown in
Table 2. The respondents show that there are more than female teachers. The age group were
mostly coming from the ages ranging from 20-25 years old, then a tie between 26-30 years
old and 31-35 years old. Most of the respondents came from private institutions, this means
that the reach of extensive policies for teachers are mostly related to the confines of their
respective private institutions. The teaching experience of teachers were mostly homogenous,
with the exception of 3 years of teaching experience having only four respondents.
Respondents were strictly answered by those in the teaching profession, those who are not
teachers were not included in the survey.
The technical exposure of the teachers in relation to the legal information about data privacy,
cybercrime prevention, and the Philippine constitution were collected as seen in Table 3. In
line with the legal information, the teachers were asked about their educational attainment
related to the field of education, as well as asking whether the teachers have an undergraduate
degree in education. Additionally, teachers were asked about their freedom in accessing the
personal information about the student without their consent. It is observed that 93% of the
respondents’ highest education is undergraduate, among the undergraduate degree holders,
80% currently have master’s degree units or completing a master’s degree, while the
remaining 7% have a master’s degree, no respondents have reached a doctorate degree.
Among the teachers, 70% have an undergraduate degree related to education, this means that
the teachers have the basic knowledge about the responsibilities of the teaching profession.
Only 44% have read the data privacy act, and 48% have read the cybercrime prevention act,
while 93% have read the Philippine Constitution. The number of teachers with access to the
students’ personal information is 44%, which means that the data is vulnerable to unwanted
exposure.
The items for the survey instrument, along with their mean and standard deviation for each
item are displayed in Table 4. Regarding the information privacy of teachers, the social
media efficacy, severe exposure of others’ information, liability of exposure by others, and
work-related activities show an interesting profile. The means for information privacy is high,
with means over than 5.00 and low standard deviation, this could mean that the teachers feel
safe with whatever activities they participate in social media. As opposed to privacy, the
means for work related activities are near the score for “disagree = 2”, but it presents a higher
standard deviation ranging about to 2.00 points. The efficacy of social media use, and the
severity of exposure by others’ shows that the respondents are on the neutral stance, and has
differing opinions based on their standard deviation that is near 2.00 points. The liability of
exposure by others shows that the respondents are in the range of “Moderately Agree = 5”
and have a low standard deviation as compared to others, this could mean that the teachers
perceive legal safety is at risk whenever they post activities in social media.
Chronbach’s alpha in Table 4. shows that majority of the items are questionably, but, they are
near 0.700, which is acceptable. Work related items, and the social media policy use under
severe exposure of others’ information is in the acceptable range, which shows that items
related to this have a valid assumption.
The testing of our research hypothesis is in Table 5. We only included the hypothesis testing
for those with a p <0.05 so that we may be able show the strongest significance. The
correlation of the of different items are strong since they are far from 0.00, which means that
the effect of the teachers’ answers are valid and true in relation to most participants. An
example of the supported hypothesis is the teacher’s perceived safety of posting rants, topics,
or praises that directly affects to the ability to defend themselves whenever there is a
perceived danger that would affect them.
References
Amihan. (2017, July 10). The beginner's guide to ra 10173 (data privacy act of 2012).
Retrieved from https://amihan.net/2017/07/10/beginners_guide_to_ra_10173/
Aston, J. (2017, November 10). How the data protection act affects schools. Retrieved
from https://www.stonegroup.co.uk/data-protection-act-affects-schools/
Belanger, F., Collignon, S., Enget, K., & Negangard, E. (2011). User resistance to the
implementation of a mandatory security enhancement. IFIP WG8. 11/WG11, 13.
Bloom, A., & Attai, L. (2016, December 12). The abcs of student data privacy for
administrators. McGrawhill Education. Retrieved from
https://www.districtadministration.com/content/abcs-student-data-privacy-administrators
Boyd, D., & Metcalf, J. (2014, November 10). Example “big data” research controversies.
Retrieved from https://bdes.datasociety.net/council-output/example-big-data-research-
controversies/
Clemons, E. K., & Wilson, J. S. (2015). Family preferences concerning online privacy,
data mining, and targeted ads: regulatory implications. Journal of Management
Information Systems, 32(2), 40-70. doi:10.1080/07421222.2015.1063277
Dinev, T., & Hart, P. (2006). An extended privacy calculus model for e-commerce
transactions. Information systems research, 17(1), 61-80.
DLA Piper. (2018, January). Law - dla piper global data protection laws of the world.
Retrieved from https://www.dlapiperdataprotection.com/index.html?t=law&c=TH
Foulger, T. S., Ewbank, A. D., Kay, A., Popp, S. O., & Carter, H. L. (2009). Moral spaces
in MySpace: Preservice teachers’ perspectives about ethical issues in social networking.
Journal of Research on Technology in Education, 42(1), 1-28.
Johnston, A. C., & Warkentin, M. (2010). Fear appeals and information security
behaviors: an empirical study. MIS quarterly, 549-566.
National Privacy Commission. (n.d.). Data privacy act primer. Retrieved from
https://privacy.gov.ph/data-privacy-act-primer/
Nicolas and De Vega Law Offices. (2016). Data privacy in the philippines. Retrieved
from http://ndvlaw.com/data-privacy-in-the-philippines/
he who holds information holds power
SC Rules with Finality on Cudias Dismissal from PMA. (2015, April 14). Manila
Bulletin. Retrieved March 11, 2018, from http://www.highbeam.com/doc/1G1-
511402067.html?refid=easy_hf
Sarapin, S. H., & Morris, P. L. (2015). Faculty and Facebook friending: Instructor–
student online social communication from the professor's perspective. The Internet and
Higher Education, 27, 14-23.
Singer, N. (2013, October 5). Deciding who sees students' data. Retrieved from
http://www.nytimes.com/2013/10/06/business/deciding-who-sees-students-data.html
Strauss, V. (2015, November 12). The astonishing amount of data being collected about
your children. Retrieved from https://www.washingtonpost.com/news/answer-
sheet/wp/2015/11/12/the-astonishing-amount-of-data-being-collected-about-your-
children/?utm_term=.59d456ce1ad1
Parsons, M., & Crawford, L. (2016, September 9). Philippines finalizes data privacy act
implementing rules. Retrieved from
https://www.hldataprotection.com/2016/09/articles/international-eu-privacy/philippines-
finalizes-data-privacy-act-implementing-rules/
Wapp, A. (2017, April 27). Philippines data privacy act and implementing regulations.
Retrieved from https://iapp.org/news/a/summary-philippines-data-protection-act-and-
implementing-regulations/
Wang, Z., Novak, H., Scofield-Snow, H., Traylor, S., & Zhou, Y. (2015). Am I disclosing
too much? Student perceptions of teacher credibility via Facebook. The Journal of Social
Media in Society, 4(1).
Yang, F., & Wang, S. (2014). Students' perception toward personal information and
privacy disclosure in e-learning questionnaire. PsycTESTS Dataset, 13(1).
doi:10.1037/t44647-000
Cavivo, F.J., Majtaba, B. G., Muffler, S. C., & Samuel, M. (2013): Social Media and the
Workplace: Legal, Ethical, and Practical Considerations for Management. Journal of
Law, Policy and Globalization, Vol.12, 2013
Smith, M, Szongott, C., Henne, B. & Von Voigt, G. (n.d.): Big Data Privacy Issues in
Public Social Media
APPENDIX A