Jena, April 02, 2026. The Higher Regional Court (OLG) Jena has declared the use of automated facial recognition in digital exams inadmissible. A student from the Universität Erfurt, who was recorded by AI-supported surveillance software during the Corona pandemic, has now been awarded compensation.
- Verdict: OLG Jena declares biometric surveillance in online exams unlawful.
- Affected Party: Student from the Universität Erfurt sued against the use of the software.
- Reasoning: Clear violation of the General Data Protection Regulation (GDPR); no overriding public interest.
- Consequences: Universities must adapt examination concepts; the plaintiff receives compensation.
AI Surveillance Violates Personal Rights
At the center of the legal dispute was the lawsuit filed by an Erfurt student. Since in-person exams were not possible during the pandemic, she had to take her exams online. In the process, so-called proctoring software was used, which monitored the behavior of the examinees without interruption. The system permanently analyzed her face and compared the biometric features with a reference image to identify attempted deception.
The plaintiff felt this continuous surveillance was a disproportionate interference with her privacy and personal rights. The judges at the OLG Jena followed this view and assessed the practice as a violation of applicable data protection law.
Court Demands Less Invasive Alternatives
According to the court, the processing of biometric data is particularly strictly protected by the GDPR and is only permissible in narrowly defined exceptional cases. An “overriding public interest” in the use of this form of surveillance, cited by the universities, was denied by the judges. They pointed out that milder, less invasive alternatives were also available for effective fraud prevention in online exams.
The ruling has a nationwide signal effect for the higher education landscape. Universities are now legally forced to critically examine the use of AI examination software and to redesign their concepts in a data protection-compliant manner.
The Higher Regional Court (OLG) in Jena is the highest court of ordinary jurisdiction in the Free State of Thüringen. The decision reflects a broader European trend: The General Data Protection Regulation (GDPR) generally prohibits the processing of biometric data for unique identification (Art. 9). Exceptions require an explicit legal basis or express, voluntary consent. Since students are often under pressure during exams and have no real choice, the voluntary nature of proctoring tools is considered controversial. Moreover, AI systems will be regulated even more strictly in the future by the European AI Act.
Source:
OLG Jena overturns biometric surveillance in online exams
Transparency Note: This article was created automatically, editorially reviewed, and expanded with AI support.