McMaster University (Re), 2024 CanLII 17583 (ON IPC) concerns the university’s implementation of Respondus Monitor, an AI-based software designed for online exam proctoring, and Respondus LockDown Browser, a program that restricts what students can access on their computers during exams. McMaster adopted this technology during the COVID-19 pandemic to uphold academic integrity in a remote learning setting.
The Information and Privacy Commissioner of Ontario (IPC) examined the university’s adherence to the Freedom of Information and Protection of Privacy Act (the Act), focusing on how Respondus Monitor collected, used, and shared students’ personal information.
In its decision, the IPC determined that Respondus LockDown Browser gathered minimal personal information and only collected what was necessary for its operation. Conversely, the IPC found that Respondus Monitor acquired more sensitive personal details, including biometric data, and employed artificial intelligence (AI) technology, introducing more significant concerns.
Although data collection was permitted under subsection 38(2) of the Act, the IPC concluded that the university failed to provide sufficient notification regarding its collection of personal information as mandated by subsection 39(2) of the Act. Additionally, the IPC ruled that using students’ personal information via Respondus Monitor was not compliant with subsection 41(1).
Furthermore, the IPC found that the contractual relationship between the university and Respondus violated subsection 41(1) of the Act because it did not sufficiently safeguard all the personal information gathered and allowed Respondus to utilise personal data for system enhancement purposes without obtaining students’ consent.
The IPC proposed several recommendations for the university to achieve compliance with the Act. It suggested that the institution establish further safeguards related to its use of Respondus Monitor and integrate more robust protections into its ongoing use of the software and any future contracts with Respondus.
Source:Osler.com
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