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Teachers in the loop? An analysis of automatic assessment systems under Article 22 GDPR
Stockholm University, Faculty of Law, Department of Law.
Number of Authors: 12023 (English)In: International Data Privacy Law, ISSN 2044-3994, E-ISSN 2044-4001, Vol. 14, no 1, p. 3-18Article in journal (Refereed) Published
Abstract [en]

Key Points

  • This article argues that while there is great promise in the everyday automation of higher education to create benefits for students, efficiencies for instructors, and cost savings for institutions, it is important to critically consider how AI-based assessment will transform the role of teachers and the relationship between teachers and students.
  • The focus of the work is on exploring whether and to what extent the requirements set forth in Article 22 of the General Data Protection Regulation (GDPR) apply within the context of AI-based automatic assessment systems, in particular the legal obligation to ensure that a teacher remains in the loop, for example being capable of overseeing and overriding decisions when necessary.
  • Educational judgments involving automatic assessments frequently occur in a complicated decision-making environment that is framed by institutional processes which are multi-step, hierarchical, and bureaucratic. This complexity makes it challenging to determine whether the output of an AI-based automatic assessment system represents an ‘individual decision’ about a data subject within the meaning of Article 22.
  • It is also unclear whether AI-based assessments involve decisions based ‘solely’ on automatic processing or whether teachers provide decisional support, excluding the application of Article 22. According to recent enforcement decisions, human oversight is entangled with institutional procedures and safeguards as well as system design.
Place, publisher, year, edition, pages
2023. Vol. 14, no 1, p. 3-18
National Category
Law (excluding Law and Society) Computer and Information Sciences
Identifiers
URN: urn:nbn:se:su:diva-225530DOI: 10.1093/idpl/ipad024ISI: 001114797200001OAI: oai:DiVA.org:su-225530DiVA, id: diva2:1828581
Available from: 2024-01-17 Created: 2024-01-17 Last updated: 2024-04-29Bibliographically approved

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Colonna, Liane

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