Informed Consent in Research with Online Students: Frameworks and Policies

• In Event: Informed Consent in Online Education Research, Evaluation, and Learning Analytics

Abstract

Research and evaluation are fundamental activities in higher education to improve educational practices and outcomes. Technological advancements enable the collection of new and diverse forms of data, providing researchers and practitioners opportunities to advance methodologies, incorporate more data points for informed decisions, and have the potential to support student success and achievement further. These new streams of data and emerging methods introduce ethical considerations and the risk of unintended consequences. Issues concerning student privacy, informed consent, and responsible use of data have become more pronounced, especially in online learning contexts. Educational researchers must uphold student-centered ethics in their practices.

This presentation explores research ethics and evaluation in online higher education, focusing on key frameworks: the Belmont Report, the General Data Protection Regulation (GDPR), and the Family Educational Rights and Privacy Act (FERPA). The Belmont Report (1979) is a foundational document in the United States outlining respect for persons, beneficence, and justice, which aim to protect participants' welfare in research. The GDPR (2018), a European Union regulation, emphasizes data protection and privacy across sectors, including education, mandating strict standards for data handling. FERPA (1974) protects the privacy of student educational records in U.S. institutions, giving students and parents control over access to these records. All three frameworks stress the importance of locally protecting individual rights and privacy and influencing practice globally. The Belmont Report and GDPR explicitly address informed consent.

Obtaining informed consent from students in online contexts is complex due to technology-mediated interactions, potential issues with digital readiness and literacy, and heightened vulnerability in these settings. Faculty and staff struggle to apply privacy regulations. External and internal training programs aim to raise awareness and ensure compliance, but there remains a need for a deeper understanding and appreciation of these issues.

One ethical consideration is distinguishing between research and evaluation, determining whether Institutional Review Board (IRB) approval is needed. Research requires IRB approval to ensure ethical standards, while evaluation may not. This distinction impacts study design and participant treatment, and these decisions can harm participants or undermine the integrity of academic programs and fields of study. Local policy interpretations further influence the research scope, sometimes limiting the depth of studies, particularly with fully online and distance learners.

To navigate these ethical challenges, researchers and academic professionals need expertise in data ethics to guide responsible data use and protect students' rights.

The Belmont Report (1979). https://www.hhs.gov/ohrp/regulations-and-policy/belmont-report/
Index.html

Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (1974).
https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on
the protection of natural persons with regard to the processing of personal data and on
the free movement of such data, and repealing Directive 95/46/EC (General Data
Protection Regulation) (Text with EEA relevance). (2016). Official Journal, L 119, 1-88.
ELI: http://data.europa.eu/eli/reg/2016/679/oj

Author

• Mary Ellen Dello Stritto, Oregon State University