Can a college confiscate a mobile phone/electronic device and look through it?

Hey,

No I am not planning on cheating or anything, I would just like to know. My college have changed their rules/regulations about using mobile phone/electronic device during exams.

Basically, the college have said the following:

6. It will be considered an offence and a disciplinary matter to use or attempt to use a mobile phone or any other electronic device (including iPods, iPads, laptops, earphones) in the examination venue. Students found to be using or suspected of using mobile phones or any electronic device will be considered to be in breach of examination regulations and will be subject to disciplinary procedures. The mobile phone or other electronic device will be confiscated; an Institute official has the right to review any content which appears to be relevant based on section 2A (1)(d) of the Data Protection Acts 1988 and 2003. The mobile phone or electronic device will then be released. This could take a number of days. "

I looked at the legislation, but couldn't really understand it. It just seems a bit strange that a college can have the right to look through my mobile phone/electronic device if the suspect it was used during exams??

So my question, are they allowed to look through a mobile phone/electronic device?

Thanks.

MrPudding

Deleted User wrote: »

Hey,

No I am not planning on cheating or anything, I would just like to know. My college have changed their rules/regulations about using mobile phone/electronic device during exams.

Basically, the college have said the following:


I looked at the legislation, but couldn't really understand it. It just seems a bit strange that a college can have the right to look through my mobile phone/electronic device if the suspect it was used during exams??

So my question, are they allowed to look through a mobile phone/electronic device?

Thanks.

I would guess that by agreeing to abide by their regulations you are also agreeing to allowing them to look through your electronic devices in the circumstances you mention.

MrP

Victor

They are pushing things, but the alternative is being chucked out of college as an exam cheat. Your move.

EDIT: Actually, reading the act is immensely difficult. That section is created by this: http://www.irishstatutebook.ie/2003/en/act/pub/0006/sec0004.html

2A.—(1) Personal data shall not be processed by a data controller unless section 2 of this Act (as amended by the Act of 2003) is complied with by the data controller and at least one of the following conditions is met:

(a) the data subject has given his or her consent to the processing or, if the data subject, by reason of his or her physical or mental incapacity or age, is or is likely to be unable to appreciate the nature and effect of such consent, it is given by a parent or guardian or a grandparent, uncle, aunt, brother or sister of the data subject and the giving of such consent is not prohibited by law,

(b) the processing is necessary—

(i) for the performance of a contract to which the data subject is a party,

(ii) in order to take steps at the request of the data subject prior to entering into a contract,

(iii) for compliance with a legal obligation to which the data controller is subject other than an obligation imposed by contract, or

(iv) to prevent—

(I) injury or other damage to the health of the data subject, or

(II) serious loss of or damage to property of the data subject,

or otherwise to protect his or her vital interests where the seeking of the consent of the data subject or another person referred to in paragraph (a) of this subsection is likely to result in those interests being damaged,

(c) the processing is necessary—

(i) for the administration of justice,

(ii) for the performance of a function conferred on a person by or under an enactment,

(iii) for the performance of a function of the Government or a Minister of the Government, or

(iv) for the performance of any other function of a public nature performed in the public interest by a person,

(d) the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the fundamental rights and freedoms or legitimate interests of the data subject.

(2) The Minister may, after consultation with the Commissioner, by regulations specify particular circumstances in which subsection (1)(d) of this section is, or is not, to be taken as satisfied.

I think the college is pushing things in relying on such claims. You (or your representatives) would be well advised to inform them of that now. Telling them afterwards may be somewhat perilous.


PS Cheaters are bad mkay.

ResearchWill

Victor wrote: »

They are pushing things, but the alternative is being chucked out of college as an exam cheat. Your move.

EDIT: Actually, reading the act, the revised section 2A (1)(d) of the 2008 act (inserted by this: http://www.irishstatutebook.ie/2003/en/act/pub/0006/sec0003.html) says


In the above "the data" refers to

The only personal data on an exam would be your exam / student number.

I think the college is utterly mistaken in relying on that section for the claimed purpose. you would be well advised to inform them of that now. Telling them afterwards may be somewhat perilous.



PS Cheaters are bad mkay.

I think you quoted 2 (a) (1) (d) the small a is important 2 A is as follows

2A.—(1) Personal data shall not be processed by a data controller unless section 2 of this Act (as amended by the Act of 2003) is complied with by the data controller and at least one of the following conditions is met:

(a)  the data subject has given his or her consent to the processing or, if the data subject, by reason of his or her physical or mental incapacity or age, is or is likely to be unable to appreciate the nature and effect of such consent, it is given by a parent or guardian or a grandparent, uncle, aunt, brother or sister of the data subject and the giving of such consent is not prohibited by law,

(b)  the processing is necessary—

(i)  for the performance of a contract to which the data subject is a party,

(ii)  in order to take steps at the request of the data subject prior to entering into a contract,

(iii) for compliance with a legal obligation to which the data controller is subject other than an obligation imposed by contract, or

(iv) to prevent—

(I)  injury or other damage to the health of the data subject, or

(II) serious loss of or damage to property of the data subject,

or otherwise to protect his or her vital interests where the seeking of the consent of the data subject or another person referred to in paragraph (a) of this subsection is likely to result in those interests being damaged,

(c)  the processing is necessary—

(i)  for the administration of justice,

(ii)  for the performance of a function conferred on a person by or under an enactment,

(iii) for the performance of a function of the Government or a Minister of the Government, or

(iv) for the performance of any other function of a public nature performed in the public interest by a person,

(d)  the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the fundamental rights and freedoms or legitimate interests of the data subject.

2(a) (1) (d) was inserted by section 3 of the 2003 Act while 2 A was inserted by section 4 of the 2003 Act.

Victor

Yeah, I noticed that, so my previous post went through about 4 different versions.

Re-stated act. http://www.lawreform.ie/_fileupload/Restatement/First%20Programme%20of%20Restatement/EN_ACT_1988_0025.PDF - page 20.

Peregrinus

It seems to me that the college could make an argument under a number of different paragraphs of s. 2A, or it could without too much trouble position itself to make such an argument

- It could enter into an agreement with students/exam candidates (as a condition of admitting them to the college/to the exam) that, if the student brings a phone into an exam, the college can examine the data in the phone (s. 2A(1)(a)).

- It could argue that it has a legal obligation to maintain the integrity of the exam system (s. 2A(1)(b)(iii))

- It could argue that accessing the data is necessary for the performance of its public/statutory functions of conducting exams and awarding degrees (s. 2A(1)(c)).

- It could argue (as it does, in fact) that it has a “legitimate interest” in protecting the integrity of the exam system by policing for this kind of cheating (s. 2A(1)(d)).

None of these arguments are cast-iron, as far as I can see. But the alternative, as Victor points out, is to impose a rule in which candidates found to have brought phones in are automatically disqualified, without any evidence that the phone was actually used for cheating.

If you did, through oversight, bring your phone in and this came to light, would your rather be disqualified, or have them check your call and text log to see if the phone was used during the exam?

BrianD

Seems fair and reasonable to me.

Wonder will we see something similar for state exams?

D3sperado

I think they would be on shaky ground if someone had their phone searched and made a complaint to the Data Protection Commissioner. Also, there is a fair chance that the phone could contain Sensitive Personal Data (e.g. religious beliefs, medical history etc).

I can't see the DPC buying an argument that such an invasion of privacy is legitimate in the circumstances especially as they could just start disciplinary proceeding against a person found using such a device without having to look through it.

BrianD

BrianD wrote: »

Seems fair and reasonable to me.

Wonder will we see something similar for state exams?

I agree with it being used, but I dont like the way the college worded it.

I dont like how the can basically say "We are taking that phone, we're going to look through it, and you can have it back when we're finished with it".

Also, what could the do if you refused (or "claimed to forget") to give them the unlock code/pattern (iphone/android) for the phone?

Edit:
Think I might fire of an email to the DPC and see what their opinion is.