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Online proctoring involves video recording of the test taking. So there is the collection of personal data, think gender, race or religion. This makes the General Data Protection Regulation (AVG) implementing law applicable. As a result, the examination body must obtain explicit permission from the candidate to use this data.
Thus, the candidate must give permission for the use of his/her data. There are a number of requirements for this permission:
The candidate may refuse permission without significant consequences. So a person must still be able to take an exam. Therefore, we recommend that you always offer an exam (next to it) that is not tied to recording and storing personal data.
It should be clear to the candidate what the purpose of video recording is. What kind of data is collected (image and audio, from laptop and mobile device) and how long is this data retained?
The candidate must first give their consent before the exam can be started. Thus, retrospective consent cannot be given.
A candidate may withdraw consent to the use of personal data at any time.
