Legal and Pedagogical Issues with Online Exam Proctoring
The COVID-19 pandemic forced institutions around the world to conduct their operations remotely; this was also true for higher education. While online learning and teaching were known about generally, the meaningful assessment of students (while also assuring integrity of the assessment process) represented a new set of challenges, as exams had previously been in-person events. Online proctoring technologies, offered commercially with different levels of service, were presented as the solution to the problem of integrity. Universities globally embraced them as a panacea.
This article first analyses the legal issues arising from the use of such technologies, with a focus on data protection, human rights, and equality from an English law perspective, but with reference to other jurisdictions where relevant. It then considers the pedagogical implications of online proctoring. The article concludes that the use of online proctoring technologies in their current form breaches different aspects of student rights and breaks the bond of trust needed to foster learning. The article identifies the basis of the problem of over-reliance on exams as a form of assessment when the same online tools allow for the use of more innovative, inclusive, and rights-compliant forms of evaluation.
EJLT is an open access journal, aiming to disseminate academic work and perspectives as widely as possible to the benefit of the author and the author’s readers. It is the assumption of the EJLT that authors who publish in the journal wish their work to be available as freely and as widely as possible through the open access publishing channel.
Authors who publish with EJLT will retain copyright and moral rights in the underlying work but will grant all users the rights to copy, store and print for non-commercial use copies of their work. Commercial mirroring may also be carried out with the consent of the journal. The work must remain as published – without redaction or editing – and must clearly state the identity of the author and the originating EJLT url of the article. Any commercial use of the author’s work - apart from mirroring - requires the permission of the author and any aspects of the article which are the property of EJLT (e.g. typographical format) requires permission from EJLT.
Authors can sometimes become no longer contactable (through, for example, death or retirement). If this occurs, any rights in the work will pass to the European Journal of Law and Technology which will continue to make the work available in as wide a manner as possible to achieve the aims of open access and ensuring that an author's work continues to be available. An author - or their estate - can recover these rights from EJLT by providing contact information.
The European Journal of Law and Technology holds rights in format, publication and dissemination.
EJLT, as a non-commercial organisation - which receives donations to allow it to continue publishing – must retain information on reader access to journal articles. This means that we will not give permission to mirror the journal unless we can be provided with full details as to reader access to each and every journal article. We prefer and encourage deep linking rather than mirroring. Encouragement is thus given for all users – commercial and non-commercial – to provide indexes and links to articles in the EJLT where the index or link points to the location of the article on the EJLT server, rather than to stored copies on other servers.
Please contact the European Journal of Law and Technology if you are in any doubt as to what this statement of use covers.