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Incident 424: Universities' AI Proctoring Tools Allegedly Failed Canada's Legal Threshold for Consent

Description: AI proctoring tools for remote exams were reportedly "not conducive" to individual consent for Canadian students whose biometric data was collected during universities' use of remote proctoring in the COVID pandemic.

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Entities

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Alleged: Respondus Monitor , ProctorU , ProctorTrack , Proctorio , ProctorExam and Examity developed an AI system deployed by Canadian universities, which harmed Canadian students.

Incident Stats

Incident ID
424
Report Count
4
Incident Date
2020-03-09
Editors
Khoa Lam
Applied Taxonomies
MIT

MIT Taxonomy Classifications

Machine-Classified
Taxonomy Details

Risk Subdomain

A further 23 subdomains create an accessible and understandable classification of hazards and harms associated with AI
 

1.3. Unequal performance across groups

Risk Domain

The Domain Taxonomy of AI Risks classifies risks into seven AI risk domains: (1) Discrimination & toxicity, (2) Privacy & security, (3) Misinformation, (4) Malicious actors & misuse, (5) Human-computer interaction, (6) Socioeconomic & environmental harms, and (7) AI system safety, failures & limitations.
 
  1. Discrimination and Toxicity

Entity

Which, if any, entity is presented as the main cause of the risk
 

AI

Timing

The stage in the AI lifecycle at which the risk is presented as occurring
 

Post-deployment

Intent

Whether the risk is presented as occurring as an expected or unexpected outcome from pursuing a goal
 

Unintentional

Incident Reports

Reports Timeline

Incident OccurrenceOnline Test Proctoring Software and Social Control: Is the Legal Framework for Personal Information and AI Protective Enough in Canada?+2
Online exam proctoring software during the pandemic: The quest to minimize student privacy risks
Online Test Proctoring Software and Social Control: Is the Legal Framework for Personal Information and AI Protective Enough in Canada?

Online Test Proctoring Software and Social Control: Is the Legal Framework for Personal Information and AI Protective Enough in Canada?

papers.ssrn.com

Online exam proctoring software during the pandemic: The quest to minimize student privacy risks

Online exam proctoring software during the pandemic: The quest to minimize student privacy risks

priv.gc.ca

Online proctoring biometrics use fails to meet Canadian legal threshold, report says

Online proctoring biometrics use fails to meet Canadian legal threshold, report says

biometricupdate.com

Online proctoring biometrics fails to meet Canada's legal threshold of consent: report

Online proctoring biometrics fails to meet Canada's legal threshold of consent: report

canadianlawyermag.com

Online Test Proctoring Software and Social Control: Is the Legal Framework for Personal Information and AI Protective Enough in Canada?
papers.ssrn.com · 2022

Academic surveillance can be considered as an emerging field of “capitalism surveillance” (Zuboff) pertaining to the dominance of a few companies in the surveillance field. Online proctoring software represent a variety of tools often based…

Online exam proctoring software during the pandemic: The quest to minimize student privacy risks
priv.gc.ca · 2022

Organization

University of Ottawa

Published

2022

Project leader(s)

Céline Castets-Renard, Professor, Faculty of Law – Civil Law Section, University of Ottawa

Summary

This project examines how, during the COVID-19 pandemic, many universities…

Online proctoring biometrics use fails to meet Canadian legal threshold, report says
biometricupdate.com · 2022

Online proctoring tools for conducting remote exams do not go far enough to ensure free, clear and individual consent from Canadian students whose biometric data they collect, according to a new report published by the University of Ottawa …

Online proctoring biometrics fails to meet Canada's legal threshold of consent: report
canadianlawyermag.com · 2022

Online proctoring biometrics for remote exams fails to meet Canada's legal threshold of consent, privacy, and anti-discrimination, according to a new academic report from the University of Ottawa with the support of the Office of the Privac…

Variants

A "variant" is an incident that shares the same causative factors, produces similar harms, and involves the same intelligent systems as a known AI incident. Rather than index variants as entirely separate incidents, we list variations of incidents under the first similar incident submitted to the database. Unlike other submission types to the incident database, variants are not required to have reporting in evidence external to the Incident Database. Learn more from the research paper.
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