In a message dated 01/05/2003 10:59:13 GMT Daylight Time, [log in to unmask]
writes:
> As an example, a student can turn in an essay on a conventionally-taught
> course, it's pretty grim and gets marked accordingly. The tutor suspects it
> was written in the two hours before class. Same scenario for a VLE-based
> course. The tutor can now go and check when and how long that student was
> logged on for. And still give the essay a poor mark, but maybe also draw
> some other conclusions as to why it was done a 3am :-) Then the tutor
> writes and web publishes a case study about their VLE based course,
> pointing out that it was run for the 6 postgrads in aquatic husbandry (says
> she, desperately hoping there's no such thing - no offence intended!) at
> the University of Poppleton in 2002. These students are identifiable, and
> the case study draws attention to the one student who logged on and did all
> their work at 3 in the morning...
>
> This kind of scenario is beginning to make me a little uncomfortable. And
> I'm pretty sure standard notifications to students about the data we will
> collect - and what we will do with it - don't begin to cover this.
--------
As usual, I'm going to muddy the waters still further. Obviously, the answer
to the problem in respect of DPA is consent. Without it, there would be no
compliance with a Schedule 2 condition. Whether the student is notified of
the monitoring (for that is what it is) is irrelevant - only Condition 1 in
Schedule 2 will apply.
However, there could also be a Human Rights issue in respect of the
individual's private life. What does it matter what time they did the work?
Why should the person's private life be interfered with at all? The work
should be marked on its merits and results (and other data) published with
consent. If the publication is worldwide, ie on the Internet, a Schedule 4
condition must also be met.
Ian B
PS I graduated in Aquatic Husbandry but I studied at the Maldivian Central
University, not Poppleton. My PhD thesis to be submitted next year is about
the maternal instincts of the male sea horse. :-)
Ian Buckland
Managing Director
Keep IT Legal Ltd
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