Jena, March 26, 2026. The Higher Regional Court (OLG) Jena has declared the use of automated facial recognition during online exams inadmissible. A student was awarded compensation due to the massive interference with data protection.
- What: Ruling against automated biometric checks during online exams
- Who: Oberlandesgericht Jena (Case number: 3 U 885/24)
- Reason: Violation of Article 9(1) of the General Data Protection Regulation (GDPR)
- Consequence: 200 euros in non-material damages for the plaintiff
AI Surveillance at the Home Desk
In the specific case, highlighted by the IT Law Working Group of the German Bar Association (DAV), a student had participated in several online exams at her university. To verify identity, the university used so-called proctoring software. The program created a reference image in advance, extracted biometric facial features using Artificial Intelligence, and converted them into a numerical code.
During the exam, the system then took photos via the webcam at random intervals and automatically compared them. In the event of discrepancies, the supervisory staff was alerted. The plaintiff saw this as a clear violation of applicable law and took the matter to court. After the Landgericht Erfurt had initially dismissed the lawsuit, the OLG Jena ruled in favor of the student in the second instance.
OLG Sees No Legal Basis
The Jena judges clarified: Automated facial recognition processes biometric data for the unique identification of a person and is fundamentally prohibited according to the GDPR. The university could not rely on any exception. The student had not expressly consented to this process – the choice of the online format alone was not sufficient for this. Furthermore, the court emphasized that photos of the plaintiff on social networks did not make the biometric data “manifestly public.” Since alternative in-person exam formats would have been possible, the argument of significant public interest also did not apply.
Compensation for Psychological Impairment
The OLG Jena awarded the plaintiff non-material damages in the amount of 200 euros. The court recognized the diffuse feeling of being monitored and the constant worry of being unjustifiably suspected of an attempt to cheat as a psychological impairment. The court rejected a higher amount due to the only short duration of the impairment.
Background: Digital Testing and the OLG Jena
As Thuringia’s highest ordinary court at Rathenauplatz, the OLG Jena regularly hears landmark cases. Especially for the education and science location Jena, where thousands of students are enrolled at the Friedrich-Schiller-Universität and Ernst-Abbe-Hochschule, rulings on digital exam formats have a nationwide signal effect. Since the Corona pandemic, digital exam supervision (proctoring) has become established at many universities. However, data protection advocates have been criticizing such software solutions for years due to a lack of transparency and deep interference with the privacy of examinees in their own living spaces.
Source:
Digitaler Durchblick: Ruling: Biometric checks during online exams prohibited
Transparency Note: This article was created automatically, editorially reviewed, and expanded with AI support.