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Virtual Exam Case Primes Privacy Fight Over College Room Scans

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Said Jenna Rubin, an associate counseling schools for Fisher & Phillips LLP in Atlanta, the best way to avoid similar privacy claims would be to follow consistent testing procedures and avoid room scans prior to exams.

Credit: Jonathan Hurtarte/Bloomberg Law/Getty Images

Cleveland State University (CSU) has requested that the U.S. Court of Appeals for the Sixth Circuit review a district court ruling that "room scans" performed by exam proctoring software amounted to unconstitutional searches in violation of the Fourth Amendment.

Attorneys say the outcome of the appeal could play a role in the litigation of student privacy rights and affect how public universities balance educational integrity and student privacy during remote exams.

The case was filed by CSU student Aaron Ogletree, who alleged CSU's remote testing programs captured private information during required video scans of his bedroom prior to taking virtual exams.

Said Kohrman Jackson Krantz LLP's Anna Bullock, "If the district court's decision is upheld, I believe that universities are going to be much more careful with their compliance efforts to ensure students are indicating consent to some of these anti-dishonesty measures."

From Bloomberg Law
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