Class Action Alleges Bradley University’s Use of Respondus Proctoring Tool Violated Illinois Students’ Privacy

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A proposed class action alleges Bradley University has unlawfully collected students’ biometric information by way of a remote exam proctoring tool without first obtaining consent to do so or publishing disclosures regarding its data retention policy.

According to the 22-page lawsuit, Bradley’s use of the Respondus Monitor proctoring tool for students taking online exams amounts to a violation of the Illinois Biometric Information Privacy Act (BIPA), a law that imposes strict requirements on entities in the state who collect, capture and store biometric information such as fingerprints, facial geometry and voiceprints.

The privacy case alleges students who have taken online exams using the Respondus Monitor tool while the Peoria, Illinois school has held classes remotely during the coronavirus pandemic have had “vast amounts” of their biometrics, including facial geometries, keystroke patterns, eye and gaze monitoring data, and camera and microphone recordings, collected without their consent and retained for an unknown period of time due to Bradley’s failure to meet the BIPA’s requirements.

The lawsuit stresses that biometric information is unlike other unique identifiers in that it cannot be changed or replaced if compromised, meaning an individual whose data is collected by private entities may face an increased risk of identity theft and fraud. Per the case, the BIPA was designed to protect Illinois citizens against such “irreparable privacy harms.”

Bradley University, through the Respondus Monitor proctoring tool, collects data “on all aspects of a student’s life,” the lawsuit alleges. Before taking an online exam, a student is required to accept Respondus Monitor’s terms of use, after which the tool captures an image of the student’s face and may ask them to show photo identification, according to the case. The portal then instructs the student to record a 360-degree “environment check” of their surroundings, and conducts a “facial detection check,” the suit says. The lawsuit argues that during these pre-test steps, the Respondus Monitor collects students’ biometric information without obtaining their informed written consent to do so.

According to the case, the Respondus terms of use and privacy policy, prior to January 21, 2021, did not disclose that the tool would use facial recognition software to capture students’ biometric data and collect other types of biometric identifiers through recordings. Moreover, Bradley University failed to publish a publicly available, written retention schedule and guidelines regarding the destruction of students’ sensitive biometric information, which is required under the BIPA, the suit alleges. Instead, the Respondus Monitor terms state that Respondus, Inc. cannot guarantee the removal of “all traces” of biometric information after deletion, according to the complaint. The lawsuit notes that Respondus updated its privacy policy on January 21, 2021.

The lawsuit, which echoes a similar suit over DePaul University’s allegedly unlawful use of the Respondus proctoring tool, looks to cover all Bradley University students in Illinois who took an assessment using the Respondus Monitor at any time during the past five years and until January 20, 2021.

Initially filed in Peoria County, Illinois Circuit Court, the case has since been removed to the state’s Central District Court.

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