These are complex issues and a longer dialogue needs to occur. Does it depend in part on the kind of data that is collected?  It seems that other segments of the digital economy have created some defacto standards about data collection which we implicitly endorse when we use their services.  Amazon and other online merchants monitor our every move to achieve their goals of revenue generation and to improve customer experience.  Analyzing students navigation habits, for example, to better understand and improve their learning experiences might be similar?  Do we need to inform students that this is happening?  Maybe we do - maybe we could be up front about the kinds of data we want to collect, for what purposes and have disclosure statements and consent process...what would be the side effects, intended and otherwise? 

Yes, I think it probably does depend upon the kind of data -- although it's hard to know what data might all of a sudden become valuable & to what extent privacy laws might prevail or not. Maybe we don't need to inform students this is happening because data is collected about all of us whether we like it or not whatever we do & most people are used to that -- whether it is cameras in the shopping centre or airport, phone records, etc. In the same way, every time we interact on social media data is created & publicly available. In a way the "number of "likes" on a Facebook posting is not that different to the number of responses within a threaded discussion in an online course. Pretty innocuous on face value. Having said that there is currently a great deal of public debate in Australia associated with the introduction of new anti-terrorism laws that involve the retention of "metadata" associated with Internet & phone activities. Most people instinctively see this as an encroachment upon privacy ushering in a new era of surveillance. So why aren't we as uptight about  the production & collection of data associated with learning that is happening in the background whenever we participate in online teaching & learning?. Or when we interact with Google or Amazon?

You might find EPIC's information on this topic to be helpful ( http://epic.org/privacy/student/ ). Data privacy has been a major issue for any learning analytics organization that wants to work with K-12 students... the K12 data company InBloom ended up going out of business after massive privacy concerns over student data, even though they didn't violate the recently revised version of FERPA (which allows educational contractors access to data). Google itself was recently pressured into changing how they collect and use student data. Legislation has been introduced that would significantly strengthen FERPA, and might affect you if it's passed, depending on what application/context you're looking at. Worth being aware of, at any rate.

thanks Christine, that's helpful -- data privacy is certainly one of the big issues along with "informed consent"

Hello Jon,

There is an upcoming issue (late 2015)from Journal of Learning Analytics to address the ethical issues and solutions for applying LA in educational environments.

Keep an eye on it!

Kind Regards,

Mohammad

I agree with Dr Mason; it is highly dependent of the kind of data set. If the data has to deal with health issues of an individual then it becomes complicated; aside any other data can be used.

You are right Harry.

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You are right Harry.