I think concerns about consent -v- notification arose as the system used
by JISCPAS to check for plagiarism is operated by Turnitin, a US based
concern, but I now notice that there is a Turnitin UK, although I have
not checked on the company registration details.
There is a similar strand of discussion to this one currently on the
jiscmail 'plagiarism' list.
Margarita
Margarita Rainford
Academic Affairs Co-ordinator
USSU
[log in to unmask] wrote:
>In a message dated 15/04/05 00:12:54 GMT Daylight Time,
>[log in to unmask] writes:
>
>
>
>
>>Within the wording of the Act active consents only come into play with
>>certain catagories of personal data ie 'sensitive data' or possibly if
>>transfering personal data out of EEA territories. (Schedule 3 and 4 refer).
>>
>>
>>
>---------
>
>Surely not. An active consent can be required under schedule 2 - part of the
>first principle, where other conditions of the schedule cannot be met. I
>would imagine, however, that condition 6(1) is met if the monitoring and
>detection of plagiarism is an integral part of the marking system. An advisory
>statement should suffice.
>
>A difficulty over interpretation of the word "consent" arises when the
>dictionary definition is used - common law cases suggest that if the individual is
>not aware of the consequences of consent (or refusal to consent), and that if
>the individual has not played any active part in giving consent, there is no
>consent. Hence the opt-put route, favoured by many, is still lawful - except
>that when the form is not returned, or the individual is asked to "write and let
>us know" on a letter they may not have received, the practice is open to
>challenge.
>
>Ian B
>
>
>Ian Buckland
>Managing Director
>Keep IT Legal Ltd
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