LawSense School ICT Law 2024

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Program

12.00    LawSense Welcome

12.05    Chairperson’s Remarks

Brenton Harty, Director of ICT and Privacy Officer, Presbyterian Ladies’ College, Melbourne; President, MITIE

Myles Carrick, Chief Information Officer, Knox Grammar School, Sydney

12.10    Data Management Case Studies: Navigating Grey Areas in Managing Student Incident and Behaviour Data and Exploring Compliant Data Aggregation

Outlining Current Laws and Reform Update

• Outlining laws applying to the retention, storage and destruction of data within schools
• Reform update – exploring the direction and progress of proposed privacy reforms

Student Incident and Behaviour Data

• Identifying the different sources and types of student incident and behaviour data in schools
• Applying privacy, data retention and destruction laws to student incident and behaviour data – how should you categorise the different data? What should you keep and for how long? Should you de-identify particular data?

Student Data Aggregation

• Exploring how schools are aggregating and storing data from multiple sources to enhance educational outcomes for the individual student and administration
• Examining legal risks and compliance challenges in using, retaining and storing different student data and profiles
• Implementing policies and practical approaches to ensure legal compliance and optimise benefits

Hayden Delaney, Partner, HopgoodGanim Lawyers

1.10      Break

1.25      Privacy and Data Breach Case Studies: Learnings from Recent Cases Against Schools

Recent Cases Against Schools

• Reviewing recent prosecutions including:
  • Privacy Commissioner v School 2023 – email compromised – findings against the school regarding their data breach investigation, notification delay, specification of what to be included in data response plan [Pacific Lutheran College]
  • ZC & Sydney School 2021 [ZC & Sydney Catholic Schools 2021 ALCmr 89]
  • ZN and a School 2021 [‘ZN’ and a School (Privacy) [2021] AICmr 95 (17 December 2021)]

Case Learnings – Responding to Information Requests

• Effectively managing information request from students and families

Case Learnings – Best Practice Data Breach Response Plans and Management

• Examining key legal requirements in responding to a suspected data breach
• Understanding the extent of investigations you should undertake to determine whether there is an “Eligible Data Breach”
• Ensuring you properly brief the forensic expert to obtain relevant information to comply with obligations
• Documenting steps and assessments to protect your legal position
• Developing best practice data breach response plans

Leah Mooney, Director, KPMG Law

2.25      Break

2.40      Implementing Best Practice ICT Procurement: Optimising Due Diligence, Reviewing SaaS Terms of Emerging Platforms and Negotiating Contracts

Best Practice ICT Procurement and Optimising Contracts

• Exploring best practice approaches to ICT procurement in schools including:
  • the nature and extent of due diligence to be performed on potential suppliers
  • evaluating supplier offerings so far as legal and compliance risk is concerned
• Examining the ability of schools to “push back” and request contract modifications in the current environment – learning from school experiences
• Outlining key issues and clauses to consider in current school ICT contracts

• Managing arrangements with external contract staff, including companies with pools of different contract staff

Examining Terms and Conditions of Emerging SaaS Platforms and Implications

• Identifying compliance challenges with SaaS platforms including consent mechanisms, ownership of IP created on the platforms and other issues. What should you be looking out for in SaaS agreements?
• Examining the terms and conditions of SaaS platforms increasingly used by students including Chat GPT, Gemini, Toddleapp.com, PI.ai
• Exploring and managing options to ensure compliance with legal requirements on these platforms and to optimise your position
• Implementing effective documentation with parents and students to protect your legal position

Dalvin Chien, Partner, Information and Communications Technology & Digital Law, Mills Oakley Lawyers

3.40      Final Comments from the Chair

3.45      Event Close

Presenters / panelists include:

	Brenton Harty boasts four decades of experience in education, spanning roles as a teacher, digital learning manager, and ICT Manager within both government and independent schools. Presently, he holds the dual roles of Director of ICT and Privacy Officer at Presbyterian Ladies’ College Melbourne, while also serving as President of MITIE, a national organization dedicated to representing ICT professionals in the education sector.
	With over 15 years of experience in technology leadership and software engineering, Myles Carrick has a passion for leveraging cloud-native architecture, agile methodologies, and user-centric design to create impactful and scalable products and services for the education sector. Prior to joining Knox Grammar School in January 2023, Myles was the Head of Engineering at Intellischool, a fast-growing edtech startup that provides K12 education analytics and insights. There, he built and led a high-performing team of engineers, architects, and product managers, and delivered a robust and innovative platform that helped schools and educators improve student engagement, retention, and achievement. Before that, Myles was the Head of Technology for Enterprise and Operations at Domain Group, where I managed the business technology teams across sales, marketing, finance, HR, and IT. I implemented governance, risk, and compliance frameworks, and ensured the security and reliability of the technology infrastructure and systems.
	Hayden Delaney is highly experienced in complex intellectual property and technology transactions, intellectual property management and intellectual property enforcement - both in domestic and international matters. He holds qualifications in Laws and Information Technology (with Honours and Distinction respectively). Hayden is recognised as a Leading Technology, Media and Telecommunications Lawyer, 2015–2023 and a Leading Intellectual Property Lawyer by Doyle’s Guide, 2015, 2018–2022. Hayden was also listed as a Finalist in the Lawyers Weekly Partner of the Year Awards, 2017 and 2018 in the category of Intellectual Property. Most recently, Hayden was included in The Best Lawyers™ in Australia 2022–2024 for Intellectual Property Law.
	Leah Mooney is a cyber security and privacy professional best known for helping organisations to identify and understand cyber risk, data breach management and cyber resilience planning. Leah is a legal consultant for MinterEllison. As part of this role she coaches clients affected by data breaches in the strategic management of their legal and regulatory obligations.
	Dalvin Chien is a leading technology and digital lawyer with over 20 years’ experience. Dalvin has deep expertise in technology contracting, privacy, cybersecurity, security of critical infrastructure, data sharing, e-commerce and emerging technology including Artificial Intelligence. He has led deal teams for significant technology transactions and advised on novel and complex cybersecurity and technology issues for clients in the banking, government, technology, logistics and health sectors. He is renowned for his industry knowledge, understanding of technology, and pragmatism. Client feedback in Legal 500 Australia (2023) commended Dalvin for this.

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