The problem in exam situations is known. The use of unauthorized aids such as mobile phones, smartphones, tablets, wearables or similar. applies in exam situations as an attempt to deceive.
For some time, a remedy by the use of so-called cell phone jammer can be observed on the examiner side more often.
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The offer now ranges from pure “mobile phone indicators” over active jammers to intelligent IMSI catchers, which force a change to a new GSM cell and also record personal data in the wireless network area.
The Ministry of Culture Baden-Württemberg has written an opinion on this and clearly regulated the use of such devices:
The use of a device that completely blocks cell phone reception by transmitting its own radio waves (“blocker”) is, in the view of the Ministry of Culture, already legally inadmissible, irrespective of a data protection review. Because in the GSM frequency ranges only the mobile network operator has the right to use its auctioned frequencies and thus to operate a mobile phone blocker.
The operation of a mobile phone blocker by a third party is a frequency use without frequency allocation and acc. Section 149 (1) para. 10 TKG prohibited. For the use of mobile phone blockers, no frequency allocation is required only “if the use by authorities to exercise legal powers in compliance with the frequency usage conditions set by the Federal Network Agency”. There are no adequate legal foundations for use in a school context.
The use of devices through which messages are intercepted or recorded, is also legally inadmissible and punishable for breach of the secrecy of telecommunications (§ 88 TKG).
The use of devices which scan certain frequency ranges, and by which only without specific position determination is indicated that in a room a switched mobile device is located, in the view of the Ministry of Culture data protection law allowed, since no personal data is processed.
However, it raises the question of whether the use of such a device useful or useful and therefore required. In examinations in Baden-Wuerttemberg in public schools already the carrying of a mobile phone is due to the special regulations applicable for this a deception act. Since the effect of such a device can be easily circumvented, for example, by placing the phone in flight mode, a scanner would miss its purpose in testing situations. In this case the frequency meter could not detect the device; but this would still be forbidden, which in turn is a deception act.