May examinees be monitored online or must they be monitored online?

In the context of the Corona pandemic, e-exams, which had previously only been widely used abroad, spilled over into Germany. This made it possible for students to take exams from home comfortably and without the risk of infection. However, in order to maintain the equality of opportunity under examination law, which is already constitutional, monitoring measures must also be carried out for digital examinations. How far these may go in the light of data protection law is discussed by research assistants Owen Mc Grath and Nicolas John in this episode.

 

The paper on this topic mentioned in the episode can be found here (€) (ZD 2021, 80) and the Infobrief on the legal implementation of the Länder mentioned can be found here (DFN-Infobrief Recht 10/2022, p. 6). The handout of the LDI NRW can be found here.