When administering online exams, the University of Amsterdam (UvA) is allowed to use Proctorio, software to provide students with access to online exams and to be able to detect fraud when administering them. This was decided today by the Amsterdam Court of Appeal on appeal.
In the spring of 2020, the government decided to close universities, among other things, due to the corona crisis. As a result, examinations could no longer be held in UvA buildings. The UvA then investigated the possibility of proctoring. The UvA Board of Governors subsequently decided to use Proctorio software for exams where no suitable alternative is available. This only during the Covid-19 crisis.
The student councils of the UvA and of the Faculty of Economics sought an injunction against proctoring in summary proceedings. First, the court ruled that it was not necessary to amend the examination regulations. These were special measures in connection with the Covid-19 pandemic and did not require an amendment of the examination regulations. The student councils therefore had no right of consent under the participation regulations.
According to the court, the software meets the requirements of the AVG. The use of proctoring is necessary within the meaning of the AVG, this in connection with the Covid-19 measures. The collection and processing of personal data does not go beyond what is necessary for the purpose of fraud prevention. There is also no adequate alternative available. Moreover, no "special" personal data are processed such as, for example, on race or religion.
The deployment also meets the requirements of Article 8 ECHR, the right to protection of private life. The power to regulate examinations is provided by law. The intrusion is necessary in a democratic society given the mission of the UvA and the Covid-19 measures. In addition, the infringement on private life has also been assessed as proportionate.
Earlier, in June 2020, the preliminary relief judge in the Amsterdam District Court rejected the requested ban on proctoring. On appeal, the district court also now rules against the student councils.
