Virtual Exam Proctoring Investigation

Turke & Strauss LLP is currently investigating software companies, including Respondus, Examity, and ProctorU, that provide online, virtual exam proctoring. We believe many of these companies illegally capture sensitive student information and share that information with third parties.

In its simplest form, we believe these tools constitute illegal student surveillance. Many virtual proctoring tools monitor and capture facial geometry, recorded patterns of keystrokes, eye monitoring, and utilize camera and microphone recordings. Even more troubling, some virtual proctoring companies fail to disclose how long they are maintaining the student data or with whom they are sharing the data.

Additionally, many students are required to record their exams using webcams while in their personal residence, creating an environment which further invades their privacy.

Potential Violation of Illinois Law

The Biometric Information Privacy Act, or BIPA, is an Illinois law designed to protect individuals against the threat of irreparable privacy harms, identity theft, and other economic injuries arising from private entities’ increasing use of biometric identifiers and information, such as iris scans, fingerprints, and voiceprints. It aims to stop companies from illegally profiting from possession of these biometric identifiers and information from unknowing individuals.

Biometric identifiers and information are unlike other unique identifiers because they are biologically unique to the individual and cannot be changed. For example, one cannot change their fingerprint. Once compromised, the individual has no recourse. BIPA protects public welfare, security, and safety by regulating the collection, use, safeguarding, handling, storage, retention, and destruction of biometric identifiers and information.

If you have used virtual exam proctoring software, we would like to speak with you. Please fill out the form below:

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