0

If a tutor asks someone to use an online service for doing class meetings could a student have just sued the tutor saying that he must take liability of the fact that he is forcing every one to accept the terms of a service and privacy policy of the website(the website used for video conferencing).Moreover even if the student agrees the tutor has not forced him to accept still as the tutor is sending links he will be liable for any processing done by the video conferencing company by b posting a link to it.How do tutors avoid this liability?

Improve this question
1
  • Do not remove strikes portion as it was previously there in the questionm.
    – protectgoodlivingbeingask
    Dec 31, 2020 at 6:20

2 Answers 2

Reset to default
1

Complying with a contract can require you to enter another contract

For example, when I hire a contractor I can require them to have public and product liability (or any other) insurance - that requires them to enter a contract. Or, I can require my builder to engage a particular plumber as a subcontractor.

Or I can require my student to enter a particular software licence.

If you don’t want to do this, don’t enter the contract with the tutor’s organisation.

Improve this answer
4
  • 1
    Or I can require the guy I order an item from to send via this and not that delivery service. Or it could make the seller enter multiple contracts with their own delivery chain... in some cases I know about the chain of contracts can go 4 deep! Company A orders a part from B, B orders a sub-part from C using the rules company A dictated, which require that the sub-part has fittings from company D.
    – Trish
    Nov 24, 2020 at 9:44
  • 2
    I think this does not address the GDPR aspect of the question. It seems that the online service is a data processor and may perhaps needed to be described adequately in the gdpr policy accompanying the contract between student and university
    – Hagen von Eitzen
    Nov 24, 2020 at 13:19
  • @HagenvonEitzen I think this sort of thing will make its way to court eventually, because its a can of worms - student is required to use Zoom as thats the sole conferencing system the professor uses, so Zooms policy needs to be included? So down the rabbit hole we go - any apps the course requires the user to use (Office, PDF creators, Mathlab etc etc), any file sharing systems the course requires the user to use (Dropbox etc), any use of the internet (ISPs collect data, as do telecoms companies...) etc etc etc. You could literally end up with a million page privacy policy.
    – user28517
    Nov 24, 2020 at 20:46
  • @HagenvonEitzen I think the courts will allow some common sense here when it finally does come to court - ie you as data processor or controller aren't expected to include policies for anything obviously external to your control if the usage is obvious. Eg in this case, student uses Zoom, thats obvious, the professor could rely on Zooms publicly available policy and doesnt need to mention it in their own. Same goes for using Office, Dropbox, Microsoft Windows, OSX etc - all will have their own publicly available policies, and it will probably be up to the student to do their research there.
    – user28517
    Nov 24, 2020 at 20:50
0

There is no "liability" for requiring a student to sign up for and use a particular video conference service to tale a particular course. The tutor (or school) mat impose such a requirement if s/he so chooses. The student's only remedy, if the student objects to using the servile, is not to take the course. If the tutor is an employee, then the employer's (school's) policies might be relevant.

Improve this answer

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .