Since 2009, mobile phone signal jammers have been used in the college entrance examination examination rooms in Hangzhou to prevent and block high-tech cheating. In the same year, in conjunction with the jammer in the test room, the wireless signal monitoring vehicle also began to patrol the test sites. In addition to the college entrance examination, some of the more important exams, such as the mid-term and final exams in middle schools, the English Band 4 and 6 exams in universities, and many qualification certificates, have also begun to use wireless signal jammer equipment in recent years. When I was in high school and university, when I encountered a big exam, there would always be a teacher holding an instrument and going around from classroom to classroom. In fact, what he was holding was a cell phone signal detector.
In addition to preventing cheating in important exams, cell phone jammer are also used in other special occasions, such as libraries and conference rooms. There are also bidding venues involving commercial secrets, and mobile phone signal jammers will also be used to achieve confidentiality. Is there any legal basis for the installation of wireless signal jammers in the examination room? According to Xu Ning, a lawyer from Zhejiang Tiecheng Law Firm, the installation of wireless signal jammers for examinations, from a legal perspective, currently has no relevant legal regulations in my country. Article 40 of my country’s Constitution stipulates: “Citizens’ freedom of communication and confidentiality of communications are protected by law. Except for the needs of national security or the pursuit of criminal offences, public security organs or procuratorial organs shall conduct inspections of communications in accordance with the procedures prescribed by law. Or individuals shall not infringe upon citizens' freedom of communication and confidentiality for any reason."
Attorney Xu Ning said that if the wireless signal wifi jammer installed in the school is too disturbing and causes the residents around the school to be unable to make calls normally, I believe that this has violated the citizens’ right to freedom of communication, and the citizens who have been infringed can request relevant information. The department stops the violation and eliminates the impact. According to the spirit of the General Principles of Civil Law, there is compensation for losses. People around the school do not take the test and are not the subject of cell phone signal blocking. Due to the unilateral behavior of the test party, the surrounding residents cannot communicate normally. Of course, it is a loss. The other party can be required to use technical means to precise the shielding range of the WiFi jammer to eliminate the impact. For the exam party, a more secure approach is to fulfill the obligation of notification before installing a wireless signal WiFi jammer. For example, make announcements around, telling people in what time period and within what range may affect everyone’s mobile phone calls, and you’d better use a fixed phone, etc.
