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Humboldt-Universität zu Berlin - E-Assessment

Art. 13 DSGVO, Information obligation

[The following translation is for your convenience. Only the German version is reviewed and binding.]

 

Data protection information according to Art. 13, 14 DSGVO -

Conducting video-based final module examinations (e.g. closed-book examinations) and disputations according to §§ 96 para. 2 (1), 96a para. 1, 107a para. 1 ZSP-HU (8th Change).

 

  1. Name and contact details of the person responsible:
    Humboldt-Universität zu Berlin, represented by the President Prof. Dr.-Ing. Dr. Sabine Kunst, Unter den Linden 6, 10099 Berlin. Telephone: +49 30 2093-0 (switchboard)
    Contact persons in the department are those responsible for the course for which the examination is to be taken.
  2. What data and for what purposes will your data be processed?
    Examination data (contents, assignments to the person, examination protocols, declaration of independence) are processed. These serve to conduct the examinations and assess performance.
    Personal data is processed to verify the identity of students.
    Audio/video data from the place of work are also processed.
    Audio/video data is not stored.
    The video software processes:
     
    Number Name of hte Data
    1 (optional) User profile: see data transmitted by SSO
    2

    Meeting-Metadata: Subject, description (optional), participant IP addresses, device/hardware information

    3 Text file of all in the meeting, chats
    4 Telephony usage data (optional): Caller number, if applicable, name of country, IP address, 911 address (registered service address of the Humboldt-Universität), start and end time, host name, host e-mail, MAC address of the device used.

    The data is processed to conduct video-based examinations, i.e. final module examinations and disputations. This also includes determining the proper conduct of the examination (e.g. connection problems, acts of cheating).
  3. On what legal basis is your data processed?
    The legal basis for data processing results from Art. 6 para. 1 e) DSGVO, §32 para. 8 BerlHG, §§96, 96a, 107a ZSP-HU, § 1 F StudDatVO.

  4. Who is the recipient of your data?
    The recipients of the data are the examiners and supervisors. Examination papers are also processed by all offices involved that are responsible for handling and assessing the examination and for processing the examination performance.

  5. Will your data be transferred to a third country or to an international organisation?
    The video and audio data are processed exclusively in data centres within the EU. Resting data (data-at-rest) is primarily stored in the EU. A Europe clause has been established for the processing of Zoom meeting data. The provider "Zoom", headquartered in the USA, will act as a processor of Humboldt-Universität. Personal data will be used by Zoom exclusively for the purpose of fulfilling the contract and not for other purposes.
    We have signed an order processing contract with the provider of "Zoom" in accordance with Art. 28 DSGVO using the EU standard contractual clauses.

  6. How long will your data be stored?
    Study documents, examination results and other examination data are stored for up to 50 years according to the graduation of § 4 StudDatVO.
    Video and audio content is not stored. The log files of the Zoom meeting are stored for 7 days. Longer storage only takes place if this is necessary for the fulfilment of the university's tasks in accordance with Art. 6 Para. 1 e) DSGVO, § 6 Para. 4 BerlHG, e.g. in the case of decisions on compensation for disadvantages, decisions on attempted cheating.

  7. Is there an obligation for you to provide data?
    The provision of data is required for participation in the examination. However, due to state law regulations, there are various facilitations which allow the non-provision of examinations without disadvantages under examination law (cf. § 126a, 126b BerlHG).

  8. Is there automated decision-making including profiling?
    In principle, there is no automated decision-making according to Art. 22 DSGVO. However, for the multi-choice procedure according to § 96c ZSP-HU, the distribution of grades according to § 96c para. 4 and 5 ZSP-HU is stored directly in Moodle. An automated assessment of performance made in this way is to be reviewed by an examiner at the request of the student (§107a Para. 6 ZSP-HU). The principle does not apply in cases of § 96c Para. 6 ZSP-HU (no more than 25% of the points by multiple choice).

  9. You have the following rights:
    If your personal data are processed, you have the right to obtain information about the data stored about you (Art. 15 DSGVO). If incorrect personal data is processed, you have the right to have it corrected (Art. 16 DSGVO).
    If the legal requirements are met, you may request the erasure or restriction of processing (Art. 17 and 18 DSGVO).
    You have the right, under certain conditions, to have the personal data concerning you that you have provided to us transferred to you in a structured, commonly used and machine-readable format, if the processing is based on consent or a contract and is carried out using automated procedures (Art. 20 DSGVO).
    Insofar as processing is based on Art. 6(1)(e) DSGVO and Art. 6(1)(f) DSGVO, you have the right to object to the processing of personal data relating to you at any time on the basis of reasons arising from your particular situation (Art. 21 DSGVO, Section 36 BDSG). If you object, your personal data will no longer be processed unless compelling legitimate reasons for the processing can be demonstrated which override your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.
    The objection can be lodged informally. For reasons of proof, we kindly ask you to send the objection by post or e-mail. Please use the subject "Objection". If you wish to lodge an objection, please contact your responsible examination board.

  10. If you are of the opinion that the processing of personal data concerning you violates data protection regulations, you have the right to contact a data protection supervisory authority, for example the Berlin State Commissioner for Data Protection and Freedom of Information (Art. 77 DSGVO):
    Berlin Commissioner for Data Protection and Freedom of Information Friedrichstr. 219, 10969 Berlin.

  11. You can also contact the Data Protection Officer at Humboldt-Universität zu Berlin. Tel: +49 (30) 2093-20020, e-mail: datenschutz@uv.hu-berlin.de

  12. Additional information on security and data protection at HU-Zoom can be found here:
    http://hu.berlin/hu-zoom-sicherheit

(status 2/21/2021)