Margarita Rainford on Friday, April 15, 2005 at 10:10 AM said:-
> 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.
Considering the possible methods technology provides to assist in the
detection of plagiarism, greater concerns regarding fairness to the
individual are bound to arise. Equally an expected increase in the number of
cases identified would seem probable.
In a similar way that white collar crime should be expected to rise as a
result of technological developments and tracking, so it would seem equally
important that any changes in acceptable practices are very clearly and
fairly communicated to all those persons affected.
It becomes unfortunate, where as a means of ensuring accuracy of
identification, other means of validation are employed. Individual privacy
then so easily becomes a casualty.
Perhaps principle one issues of fairness and openness are indeed the
sensible path to follow.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Margarita Rainford
> Sent: Friday, April 15, 2005 10:10 AM
> To: [log in to unmask]
> Subject: Re: Plagiarism Detection and DPA
>
>
> 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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> negate the
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