a heavy blow against Open University of Catalonia (UOC). Justice has confirmed that the University Center is located barcelona 20,000 euros will have to be paid penalty fee To use a system Facial Recognition For Examination At a distance, a compilation of biometric data students who knowingly violate the laws of Privacy European.
In a ruling dated May 28, which EL PERIODICO had access to, the controversial Administrative Court No. 10 of the city of Barcelona agrees Catalan Dades Conservation Authority (APDCAT), which had imposed the above restrictions economic, and dismisses the appeal filed by The UOCwho requested to cancel it.
The dispute begins in 2022. In January of that year, the online university began using a system artificial intelligence for (AI) Identify and authorize your students during the performance of final examination. This method, mandatory for those who wanted to be evaluated, required them to take a photo of their face which was compared to the face of their Identificationsimultaneously recorded with other images of his face webcam During the exam. About 31,000 students were subjected to this controversial topic Biometric System,
Violation of European rules
After receiving Complaints from five peopleAPDCAT launched a sanctioning process and in December proposed a fine of 20,000 euros considering the use of the UOC. Hey In that context it violates the General Data Protection Regulation (GDPR). This European regulation generally prohibits the processing of biometric data – iris scanning, facial recognition, fingerprints and voice – to identify a person, as it is particularly sensitive information. Although it allows for some exceptions, the Catalan university system does not fall into one of them.
European rules prohibit the processing of biometric data – iris scanning, facial recognition, fingerprints and voice – to identify an individual.
Now, the verdict confirms that the UOC’s biometric method violates European law protecting privacy and, therefore, the fine imposed is “correct”. Furthermore, the judge highlighted that the university incorporated this controversial system in the exams “with the full knowledge that it goes against the position of the APDCAT”, a control body whose competence to grant approval she considers “clear”.
Optional for students
“confident” that his system was in line with the law and served Prevent academic fraudIn January 2023, the UOC filed an appeal with the contentious-administrative jurisdiction, which temporarily suspended the fine. The ruling of last May, now published by EL PERIÓDICO, rejects that appeal, confirms that the university’s argument has no legal basis and confirms that the 20,000 euro fine imposed by the APDCAT “fully” complied with the law.
In the year and a half since the start of this legal battle, the UOC has presented a Alternative Arrangement Facial recognition that allows students to identify themselves verbally and with their DNI. In this way, the university has complied with the request made by APDCAT in December 2022, which requested that the biometric system not be mandatory, that the students’ explicit consent be obtained previously and that they be offered a less invasive alternative.
In the text, the judge says that his decision is not final and, therefore, the UOC – a non-profit university foundation and Partially Funded with subsidies from Generalitat of Catalunya– There was a period of 15 days to review its decision before the Superior Court of Justice of Catalonia.
Subscribe to continue reading
