Six predictions now the GDPR is in place

So the European GDPR is in place now. Questionmark like most other companies has been working hard in the last two years to ensure we are compliant and that our customers in and outside Europe can be compliant with the GDPR. See our trust center or summary for information on Questionmark’s compliance.

Is it all done and dusted? My email inbox seems to have a few less promotional emails in it. But is this because of the holiday weekend or have companies really taken my name off their mailing lists? Here are six predictions for what we’ll see going forwards with the GDPR.

1. The May 25th 2018 date will matter much less going forwards than backwards

A picture of a dog with a Christmas hatCompanies have been rushing to meet the May 25th date, but GDPR and privacy is a destination not a journey. There is a famous slogan “a dog is for life not just for Christmas” encouraging people to look after their dog and not just buy it as a cute puppy. Similarly the GDPR is not just something you get compliant with and then ignore. You need to include privacy and compliance in your processes forever.

No one will care much whether you were compliant on May 25th 2018. But everyone will care whether you are meeting their privacy needs and following the law when they interact with you.

2. History will judge the GDPR as a watershed moment where privacy became more real

Nevertheless I do think that history will judge the GDPR as being a seminal moment for privacy. Back in the early 2000s, Microsoft popularized the concept of security by design and security by default when they delayed all their products for a year as they improved their security. Nowadays almost everyone builds security into their systems and makes it the default because you have to to survive.

Similarly the GDPR encourages us to think of privacy when we design products and to make privacy the default not an afterthought. For example, when we collect data, we should plan how long to keep it and how to erase it later. I suspect in ten years time, privacy by design will be as commonplace as security by design – and the GDPR will be the key reason it became popular.

3. Many other jurisdictions will adopt GDPR like laws

Although the GDPR is over-complex, it has some great concepts in it, that I’m sure other countries will adopt. It is appropriate that organizations have to take care about processing peoples’ data. It is appropriate that when you pass people’s data onto a third party, there should be safeguards. And if you breach that data, it is appropriate that you should have to be held accountable.

We can expect lawmakers in other countries to make GDPR-like laws.

4. Supply chain management will become more important

Diagram showing one data controller with two data processors. One data processor has two sub-processors and one data processor has one sub-processorUnder the GDPR, a Data Controller contracts with Data Processors and those Data Processors must disclose their Sub-processors (sub-contractors). There is positive encouragement to choose expert Data Processors and Sub-processors and there are consequences if processors fail their customers. This will encourage organizations to choose reputable suppliers and to review processors down the chain to make sure that everyone is following the rules. Choosing suppliers and Sub-processors that get themselves audited for security, e.g. under ISO 27001, is going to become more commonplace.

This will mean that some suppliers who do not have good enough processes in place for security, privacy and reliability will struggle to survive.

5. People will be the biggest cause of compliance failures

Organizations set up processes and procedures and put in place systems and technology to run their operations, but people are needed to design and run those processes and technology. Some GDPR compliance failures are going to be down to technology failures, but I predict the majority will be down to people. People will make mistakes or judgement errors and cause privacy and GDPR breaches.

If you are interested in this subject, Amanda Maguire of SAP and I gave a webinar last week entitled “GDPR is almost here – are your people ready?” which should shortly be available to view on the SAP website. The message we shared is that if you want to stay compliant with the GDPR, you need to check your people know what to do with personal data. Testing them regularly is a good way of checking their knowledge and understanding.

6. The GDPR and privacy concerns will encourage more accurate assessments

Last but not least, I think that the GDPR will encourage people to expect more accurate and trustworthy tests and exams. The GDPR requires that we pay attention to the accuracy of personal data; “every reasonable step must be taken to ensure that personal data that are inaccurate … are erased or rectified without delay”.

There is a strong argument this means that if someone creates a test or exam to measure competence, that the assessment should be accurate in what it claims to measure. So it needs to be authored using appropriate procedures to make it valid, reliable and trustworthy. If someone takes an assessment which is invalid or unfair, and fails it, they might reasonably argue that the results are not an accurate indication of their competence and so that personal data is inaccurate and needs correcting.

For some help on how you can make more accurate assessments, check out Questionmark white papers at www.questionmark.com/learningresources including “Assessment Results You Can Trust”.

 

 

Online Proctoring – An Invasion of Privacy?

Steve Lay Headshot

Posted by Steve Lay

Many organisations looking to expand their online offerings now use a new method to securely deliver high-stakes exams online: Online proctoring. A live proctor uses your computer’s webcam to observe you taking the test, to ensure its integrity. To make sure you work alone, the proctor asks you to scan your webcam around the room you are in. The proctors also asks you to show photo ID to verify your identity and will use screen-sharing technology to view your computer screen. In addition, secure browser software can sometimes be used to restrict other computer applications (such as opening a web browser) to restrict a test-taker from accessing digital resources.

Being watched in this way during an online exam often poses questions about privacy…

Is online proctoring an invasion of privacy? Do proctors still have access to your computer after the exam is complete? What sort of things can they access while you’re taking the exam? Can they access your files and identifiable information?

A video link with an online proctor invades no more privacy than taking an exam at a traditional face-to-face test centre. In many cases, allowing a proctor to see everything on your computer screen is just like a proctor at a test centre who can look over your shoulder, see your computer screen and prevent any restricted behavior.  But some online proctoring systems go even further, providing proctors with full control over a candidate’s computer.

Having a proctoring service take control of a candidate’s computer can often be quite helpful.  For instance a proctor who is trained in diagnosing and correcting setup issues can help speed up a process and can quickly resolve problems with the video or audio on the computer. A proctor can also guide the candidate through the exam software, in some cases entering special purpose access credentials that have not previously been made available to the candidate.

Although screen sharing and remote control solutions can be used with Questionmark Online Proctoring, there are alternatives for situations in which such far-reaching access to the candidate’s laptop is inappropriate. Using Questionmark Secure in conjunction with Questionmark OnDemand supports a special mode for online proctoring that gives the proctor limited proxy controls instead of complete control over the machine. For example the proctor can manage the running of the assessment without having control over the participant’s machine. The sense of ‘control’ that many proctoring solutions require here is  similar to popular screen sharing systems that allow you to “Give Control” or “Request Control”. Questionmark Online Proctoring does not require this, because the proctor is connected directly to Questionmark’s service and can manage the exam without going ‘through’ the participant’s computer.

In addition to the privacy advantages of these proxy controls for the candidate, this arrangement also enables the test content to be kept hidden from the proctor. This could provide advantages to the test provider over and above what can be achieved even in a test centre.  The proxy controls allow the proctor to pause the test, add extra time and even terminate the test completely. Meanwhile, Questionmark Secure takes care of monitoring the local computer for signs of misuse and flagging or preventing attempts to cheat.  Questionmark Secure can be audited and installed by a trusted system administrator for a company-owned laptop without having to provide the same permissions to the end user.  Questionmark Secure does not install keylogging software, or any other persistently active service.  It is only active during the exam process itself.

Interested in learning more about Online Proctoring? I will be presenting a session on ensuring exam integrity with online proctoring at Questionmark Conference 2016: Shaping the Future of Assessment in Miami, April 12-15.

There’s only one day left to take advantage our earl-bird savings…click here to register and learn more about this important learning event. See you in Miami!