IP - 0610–643/2020/5

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IP - 0610–643/2020/5
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Authority: IP (Slovenia)
Jurisdiction: Slovenia
Relevant Law: Article 6 GDPR
Type: Investigation
Outcome: Violation Found
Decided: 26.02.2021
Published: 15.03.2021
Fine: None
Parties: n/a
National Case Number/Name: 0610–643/2020/5
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): Slovenian
Original Source: GDPR plus (via IP zip files) (in SL)
Initial Contributor: GDPR plus

The Slovenian DPA decided that there is no legal basis for conducting a method of distance learning that uses untested facial recognition technologies or software that allows control over individual behavior. It is also not permissible to require an individual (student) to record the entire room in which the exam is being written. In these cases (it is) an excessive intrusion into the privacy of the individual, as the review and assessment of knowledge could certainly be enabled in a way that is less intrusive into the privacy of the student.

English Summary[edit | edit source]

Facts[edit | edit source]

The teacher conditioned the purchase of an external camera with the prescribed characteristics (external camera, HD, resolution at least 720p), despite the fact that the student uses a 1-year-old, compatible laptop with an integrated standard built-in camera that supports all monitoring requirements and other remote activities. In addition to the above, the requirements were extended to record the entire room where the student performed the knowledge test (exam) and recording (image and sound), namely the entire time of the test, the disputable recording of ears and wrists, and the hands of students before the beginning of the test. It was also stated in the application that the professor would be able to turn on the camera, including the sound, unannounced during the lectures.

Dispute[edit | edit source]

Holding[edit | edit source]

In the above-mentioned decision, the Commissioner commented on the supervision of pupils / students during the duration of exam. As can be seen from the explanation, the Commissioner opposes the technology of face recognition, as well as the recording of the space where the student takes the exam.

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English Machine Translation of the Decision[edit | edit source]

The decision below is a machine translation of the Slovenian original. Please refer to the Slovenian original for more details.