Exámenes telemáticos: aprendizaje y calificación. Problemas técnicos y jurídicos

This work constitutes an analysis of the online exams in their double aspect, as a learning instrument, on the one hand, and a qualifying mechanism, on the other. A study of the online examinations in legal sciences is carried out both from their technical and legal perspective and thus, from a legal point of view, is examined the use of the video camera to monitor the aforementioned exams and record them, as well as of the other means of computer surveillance (e-proctoring). And the conclusion is the need for weighting up (in line with the principle of proportionality) certain rights of the student taken as a reference, on the one hand, and the possible infringement by the student of certain rules and certain rights of other students, on the other. As rights from the reference student to be weighted up, it should be highlighted the rights to self-image, privacy, inviolability of the home and data protection. And, on the other side of the scale, we must highlight, among other protected legal rights, the possible injury to the right of other students to equal opportunities and non-discrimination in the exercise of their academic rights and the violation of the right to the evaluation of academic performance with public and objective criteria, which clearly excludes the evaluation with fraud.