3 ms·

Wow, is that software legal to force upon your students? If you tried this in Europe, even with the student explicitly clicking "I consent", you would still be

Wow, is that software legal to force upon your students? If you tried this in Europe, even with the student explicitly clicking "I consent", you would still be facing pretty serious GDPR penalties because the student had no other option than to accept making their consent invalid.

RHSeeger 6y ago
It would appear that it's already in use in Europe and has win in court. https://gdprhub.eu/index.php?title=Rb._Amsterdam_-_C/13/684665_/_KG_ZA_20-481 https://gdprhub.eu/index.php?title=Rb._Amsterdam_-_C/13/6846... > The Amsterdam Court of First Instance rejected the request by student representatives and an individual student for a preliminary injunction against the use of digital surveillance software for exams by a public university. The court ruled that measures against covid-19 did not allow for a suitable alternative and the processing could therefore be based on Article 6(1)(e) GDPR.
- Hiopl 6y ago
  I don't understand how that passed. > (e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; What's the point of GDPR if you can side-step it in this way?
- iforgotpassword 6y ago
  The Netherlands seem to really embrace these platforms. I think for example Chromebook based exams have been big there for quite some years now while it's almost unheard of in Germany.
antientropic 6y ago
I wouldn't be too sure about those GDPR penalties. Dutch universities are also using Proctorio, with the recorded footage being sent to the US: https://www.volkskrant.nl/columns-opinie/opinie-universiteiten-stop-met-bespieden-eigen-studenten~bb1ceaf9/ https://www.volkskrant.nl/columns-opinie/opinie-universiteit...
- t0mas88 6y ago
  That would allow all those students to exercise their GDPR rights against Proctorio and their university. Probably just takes a couple hundred to completely overwhelm Proctorio and cost them so much money that it makes more sense to drop the small Dutch market. Or to get them in a lot of trouble if they refuse to give all students access to all data they have. Will take the privacy regulators a few years, justice moves slow. But if I was a Proctorio shareholder I would be very very unhappy if my company got stuck in years of unresolved legal issues with unknown (and high) potential fines.

RHSeeger 6y ago

It would appear that it's already in use in Europe and has win in court. https://gdprhub.eu/index.php?title=Rb._Amsterdam_-_C/13/684665_/_KG_ZA_20-481 https://gdprhub.eu/index.php?title=Rb._Amsterdam_-_C/13/6846... > The Amsterdam Court of First Instance rejected the request by student representatives and an individual student for a preliminary injunction against the use of digital surveillance software for exams by a public university. The court ruled that measures against covid-19 did not allow for a suitable alternative and the processing could therefore be based on Article 6(1)(e) GDPR.

Hiopl 6y ago
I don't understand how that passed. > (e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; What's the point of GDPR if you can side-step it in this way?
iforgotpassword 6y ago
The Netherlands seem to really embrace these platforms. I think for example Chromebook based exams have been big there for quite some years now while it's almost unheard of in Germany.

antientropic 6y ago

I wouldn't be too sure about those GDPR penalties. Dutch universities are also using Proctorio, with the recorded footage being sent to the US: https://www.volkskrant.nl/columns-opinie/opinie-universiteiten-stop-met-bespieden-eigen-studenten~bb1ceaf9/ https://www.volkskrant.nl/columns-opinie/opinie-universiteit...

t0mas88 6y ago
That would allow all those students to exercise their GDPR rights against Proctorio and their university. Probably just takes a couple hundred to completely overwhelm Proctorio and cost them so much money that it makes more sense to drop the small Dutch market. Or to get them in a lot of trouble if they refuse to give all students access to all data they have. Will take the privacy regulators a few years, justice moves slow. But if I was a Proctorio shareholder I would be very very unhappy if my company got stuck in years of unresolved legal issues with unknown (and high) potential fines.