The Electronic Privacy Information Center ('EPIC') announced, on 9 December 2020, that it had filed a complaint with the Office of the Attorney General of the District of Columbia ('AG') concerning the privacy practices of five providers of online test proctoring software and services. In particular, the complaint alleges that Respondus, Inc., ProctorU, Inc., Proctorio, Inc., Examity, Inc., and Honorlock, Inc. use tools to surveil or enable the surveillance of students, including video and audio observation through students' webcams and microphones, keystroke logging, facial recognition technology, and artificial intelligence ('AI') analysis of data collected from students. In addition, the complaint alleges that these test proctoring systems routinely collect sensitive data from students that is not necessary to administer an exam.

As such, the complaint urges the AG to investigate the companies, and to require the companies to, among other things, make information available on the factors, logic, and determinations of AI systems, to submit annual audits of their privacy, data collection, and AI practices by an independent third party, and to create and maintain logs of the types of personal data collected, how it is used, retention periods, and whether and when such data is deleted. Moreover, the complaint urges the AG to ensure that the companies comply with the Organisation for Economic Co-operation and Development's AI principles and universal guidelines on AI, and to provide students with their data subject rights of access, correction, and deletion.

You can read the press release here and the complaint here.