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Software-supported monitoring for electronic remote exams: Statement from the University of Erfurt

On 28 August 2024, the Regional Court of Erfurt will hear a lawsuit against the University of Erfurt coordinated by the "Gesellschaft für Freiheitsrechte" (GFF). The GFF is supporting a plaintiff who is claiming that the software-supported remote monitoring of electronic remote examinations (online examinations) using the "WISEflow" software during the coronavirus lockdown constitutes an unreasonable interference with her personal rights. On October 23, the Erfurt Regional Court has now dismissed the lawsuit. The University of Erfurt explains:

Against the background of the corona pandemic and the associated lockdown, the University of Erfurt decided to conduct examinations in the summer semester 2020 as online examinations for the first time. Due to the ongoing infection situation, this was also the case for the examinations in the winter semester 2020/21. The University of Erfurt was thus able to ensure that students were able to take examinations during the lockdown or during the period of digital teaching and complete their studies in the time allotted. Secondly, it wanted to prevent students from being exposed to a risk of infection on the way to the examination (e.g. on public transport) and during the examination while on campus.

During the period in which the plaintiff took her examinations at the University of Erfurt, the following options for taking examinations were available:

a) software-supported monitored remote examination at home or at a freely selectable location outside the university (with photo storage and proctoring);
b) online examination on university computers or own computer – without webcam, but under supervision – on site on campus in a room corresponding to the corona protection concept at the time (ventilation, distance, mask, etc.);
c) postponement of the examination to an in-person semester.

In order to practise using the examination software, the University of Erfurt also offered "mock exams" in advance. In addition, students had the opportunity to claim the examination as a failed attempt and repeat it not once, but twice.

Before the examination software was used, the University of Erfurt carried out a corresponding data protection impact assessment and agreed this with the Thuringian State Commissioner for Data Protection and Freedom of Information.

The re-registration on the remote examination variants on the part of the students was extremely positive, the specially supervised online variant (b) in rooms provided on campus or the postponement of the examination (c) were only used in individual cases.

In view of the high level of acceptance and increased digitalisation in teaching, the WISEflow software for online examinations – on campus or remotely – continues to be used successfully at the University of Erfurt. In both cases, lockdown browsers are used to prevent students from researching on the internet during the examination. Software-supported remote monitoring, on the other hand, is only necessary for online examinations that are not supervised by a person on campus (electronic remote examinations). Students are informed about the procedure in advance of the examination and must give their consent in writing in order to be able to take the electronic remote examination.

On its website, the University of Erfurt has provided its students and lecturers with comprehensive information about the examination software used since the first remote examinations and answers any questions they may have.

The University of Erfurt welcomes today's outcome of the proceedings, but this can only be assessed in terms of content once the reasons for the judgment have been delivered by the regional court.