Online Test Proctoring Software and Social Control: Is the Legal Framework for Personal Information and AI Protective Enough in Canada?

Abstract

Academic surveillance can be considered as an emerging field of “capitalism surveillance” (Zuboff) pertaining to the dominance of a few companies in the surveillance field. Online proctoring software represent a variety of tools often based on artificial intelligence, such as Respondus Monitor, Proctorio, ProctorU, ProctorExam, Examity, ProctorTrack. While these tools generate legal issues of socio-economic discrimination and privacy, most of Canadian universities have used them during the pandemic and sometimes before that.

This paper considers the risks generated by AI tools for exam monitoring and the Canadian legal framework on data protection legislation, as well as on Artificial Intelligence (Bill C-27 – part 3: Artificial Intelligence and Data Act) in comparison with the European Commission’s proposal of regulation on AI (AI act). We make recommendations for the Canadian legislator to improve Bill C-27.

Keywords: Artificial Intelligence, Online proctoring software, privacy, Canadian data protection laws, AI discrimination, EU AI act, EU Artificial Intelligence Act, Canadian Bill C-27, AIDA, Canadian Artificial Intelligence and Data Act