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UvA mag anti-spieksoftware inzetten bij online tentamens

De Universiteit van Amsterdam mag tijdens online tentamens software gebruiken om te controleren of studenten frauderen. Dat heeft de voorzieningenrechter bepaald in een zaak die door twee studentenraden en een student was aangespannen.

Met de surveillancesoftware worden studenten in de gaten gehouden via de camera op hun laptop of pc. Ook het gebruik van microfoon, internetverkeer en gebruik van muis en toetsenbord wordt zo gemonitord. Verdachte gedragingen tijdens het maken van een tentamen worden automatisch gemeld, waarna de surveillant de beelden en de gegevens kan bekijken.

Coronamaatregelen

Volgens de studenten is het gebruik van dit soort software een inbreuk op hun privacy en daardoor in strijd met de wet. Daarnaast vinden ze dat de UvA hun vooraf toestemming had moeten vragen. De rechter ging daar niet in mee. Studentenraden hebben geen instemmingsrecht als het gaat om regels rond surveilleren, aldus de rechter.

Ook is de rechter het met de UvA eens dat de coronamaatregelen het noodzakelijk maken dat tentamens online worden afgelegd en dat daarbij maatregelen genomen moeten worden om fraude tegen te gaan. Van inbreuk op de privacy van studenten is volgens de rechter geen sprake.

De rechter liet ook meewegen dat studenten niet live worden gevolgd: een surveillant krijgt pas toegang tot de gegevens van de computer van de student als significant afwijkend gedrag is vastgesteld. De gegevens worden versleuteld opgeslagen en na dertig dagen automatisch vernietigd.


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