LegalGELegalGE
...

Online Testing Platform Regulation

Is facial recognition legal for online exams in Georgia?

Yes, but it counts as biometric data processing, which requires explicit consent from the student and strong security measures under the Law on Personal Data Protection.

Can a student refuse to turn on their camera?

Generally, if camera monitoring is a stated requirement for the exam, refusal may lead to disqualification. However, institutions must ensure data is not misused.

Who owns the data recorded during an online exam?

The student is the data subject, but the institution is the data controller. The institution has the right to process it for assessment but cannot share it without consent.

What if the AI proctoring system makes a mistake?

There must always be a human review mechanism. Relying solely on automated decision-making for grading or expulsion can be challenged legally.

Reading Time

3 min

Published

...

Online Testing Platform Regulation and Proctoring Legal Compliance

Online exam and testing platforms have become an integral part of modern education. They are used in universities and the corporate sector to verify qualifications. However, conducting remote exams creates two main legal challenges: ensuring academic integrity (cheating prevention) and protecting the test-taker's personal data. Online testing often utilizes so-called "proctoring" software that monitors the user's screen, eye movements, voice, and environment. This process involves processing biometric and special category data, which is strictly regulated under Georgian law. Platform operators and educational institutions must balance security with non-intrusiveness into private life.

This service is designed for testing platform developers, exam centers, and universities. Our specialists will help you implement systems that ensure valid results without violating human rights.

What Does Online Testing Regulation Service Cover?

The service focuses on data protection and the legitimacy of the examination process. Lawyers on Legal.ge offer:

  • Proctoring Legal Audit: Reviewing the software used (AI proctoring) for compliance with the Law of Georgia on Personal Data Protection.
  • Preparation of Consent Forms: Developing detailed informed consent forms for audio-video monitoring for test-takers.
  • Data Retention and Deletion Policy: Defining retention periods for exam recordings, access rights, and secure destruction rules.
  • Complaint Handling Mechanisms: Outlining procedures for cases where a student appeals a violation flagged by the system (e.g., when AI incorrectly flags an action as cheating).
  • Third-Party Relations: Drafting agreements with software vendors (Vendor Management), considering data processing conditions.

Common Real-World Scenarios and Needs

In the practice of online testing, the following legal problems are common:

  • Illegal Processing of Personal Data: A platform required scanning a student's ID and biometric facial recognition without a proper legal basis or security guarantees.
  • False Positives: An automated system blocked a student from an exam due to "suspicious movement" (e.g., another person entering the room), which the student appealed as an unjustified restriction on the right to education.
  • Cybersecurity Incidents: Student personal data and test answers leaked from the exam platform, leading to the annulment of exam results and disputes over damages.
  • Inclusivity Violations: The testing platform was not adapted for persons with disabilities, preventing them from taking the exam on equal terms, which became grounds for a discrimination claim.

Georgian Legal Framework

The cornerstone of online testing regulation is the Law of Georgia on Personal Data Protection. This law strictly regulates the processing of biometric data (facial recognition systems, voice analysis), which is a key component of proctoring systems. Processing is allowed only with the subject's written (including electronic) consent or in cases directly provided for by law.

Additionally, the Law on Higher Education and standards of the National Center for Educational Quality Enhancement require objectivity and transparency in the assessment system. The Civil Code of Georgia regulates service contracts between exam centers and clients.

Service Process

Involving a specialist in regulating a testing platform includes:

  1. Risk Assessment (DPIA): Conducting a Data Protection Impact Assessment before implementing a proctoring system.
  2. Policy Development: Creating "Exam Conduct Rules" and "Data Processing Policy."
  3. Technical Compliance: Consulting with the IT team on legal aspects of data encryption and security protocols.
  4. Appeals Procedure: Establishing a mechanism for human review of automated decisions made by the system (required by GDPR and Georgian legislation).
  5. Briefing: Training examiners and administrators on the legal scope of monitoring.

Why Choose a Specialist on Legal.ge?

Online testing lies at the intersection of technology and law. Legal.ge gives you access to lawyers who understand both data protection regulations and the specifics of the EdTech industry. Qualified assistance ensures that your examination process is reliable, secure, and fully compliant with the law.

Updated: ...

Specialists for this service

Loading...