This Privacy Notice is based on the EU's General Data Protection Regulation (2016/679, “GDPR”), namely the obligation to inform the data subjects (GDPR Articles 12–14), the data controller's obligation to maintain a record of processing activities under its responsibility (GDPR Article 30), as well as the obligations set out in the Finnish Data Protection Act (1050/2018) supplementing the GDPR.
Additionally, this Privacy Notice has been prepared with the aim of making it accessible in accordance with the requirements of the EU's Web Accessibility Directive (Directive (EU) 2016/2102 of the European Parliament and of the Council on the accessibility of the websites and mobile applications of public sector bodies) and the Finnish Act on the Provision of Digital Services (306/2019) supplementing it.
Personal Data Register of Metropolia’s EXAM Electronic Exam Service
Name
Metropolia University of Applied Sciences Ltd
Contact information
Metropolia University of Applied Sciences Ltd (Business ID: 2094551-1)
Postal address: P.O. Box 4000, FI-00079 Metropolia
Visiting address: Myllypurontie 1, 00920 Helsinki, Finland
Telephone (switchboard): +358 9 7424 5000
Person responsible for the register at the data controller
Name: Riitta Konkola
Position: President, CEO of Metropolia University of Applied Sciences
Person responsible for the content of the register:
Name: Tuomas Orama
Position: Research and Development Manager, Information Management and System Services
Address: Metropolia University of Applied Sciences Ltd, PO Box 4000, FI-00079 METROPOLIA
Email: tuomas.orama [at] metropolia.fi (tuomas[dot]orama[at]metropolia[dot]fi)
Contact details of the contact person for the register:
Name: Tuuli Sinervo
Position: Coordinator, Information Management and System Services
Address: Metropolia University of Applied Sciences Ltd, PO Box 4000, FI-00079 METROPOLIA
Email: tuuli.sinervo [at] metropolia.fi (tuuli[dot]sinervo[at]metropolia[dot]fi)
Contact details for questions regarding the purpose of the register, email: exam [at] metropolia.fi (exam[at]metropolia[dot]fi)
Suvi Väänänen, Metropolia’s Data Protection Officer
Email: tietosuojavastaava [at] metropolia.fi (tietosuojavastaava[at]metropolia[dot]fi) phone: .+358 40 844 0690
Purpose of the processing of personal data:
Metropolia University of Applied Sciences is the data controller of the Personal Data Register of Metropolia’s EXAM Electronic Exam Service. The personal data register is composed of two sub-registers: The EXAM system sub-register and the EXAM camera surveillance sub-register.
The Electronic Exam Service is used to prepare, book, perform and evaluate electronic exams. The teacher of the exam or the main user of the service prepares the exam for the system and opens it for students to book. Students book an exam time and take the exam in the university's exam space with their own university usernames. The exam space is monitored by camera surveillance. The teacher evaluates the exam responses by logging in to the system with the university username. Administrators can see the data of all users and exams to determine issues related to service maintenance, administration, and process and technical issues.
The EXAM service also includes an EXAM visit. Using EXAM visit means that a student can take the exam of their own university in the supervised exam space of another university.
Identifying the person taking an exam
A student taking an exam may enter the EXAM aquarium using their own access card or a temporary access card obtained from the lobby services. Information on the access card is saved in the access control system of Metropolia University of Applied Sciences when the student enters into the space. The student completes the exam they have booked using their own university's personal user ID. Recording cameras supervise the exam room. The student’s identity can be verified, if necessary, by comparing the information saved by access control, camera surveillance and the EXAM system.
VIDEO SURVEILLANCE OF EXAMS IN THE EXAM SERVICE
Exams taken using the EXAM service are monitored with video surveillance placed in the EXAM space. Video surveillance is carried out in real time in the EXAM space and a video recording of it is created. Access to the real-time video surveillance conducted in the EXAM space and to recordings of it is given to designated EXAM administrators at Metropolia. The video recordings are not handed over. In addition, the lecturers responsible for the course (examiners) have the right to view the video recordings taken in the EXAM space in the presence of an EXAM administrator if there is a justified reason for this. Such a reason could be a suspicion of the student cheating in the exam.
If necessary, the data from the video recording of the exam visit can be disclosed to the student's home school if the examee is suspected of fraud.
Assessment of an EXAM performance
After the student completes the exam in the EXAM service, the lecturer who created the exam will assess the answers by logging into the system with a user ID from Metropolia University of Applied Sciences. The lecturer assessing the exam will record their assessment (grade/verbal assessment) in the EXAM system so that it is visible next to the name of the correct data subject.
The performance is transferred to Metropolia’s student register by the lecturer responsible for the exam.
Lawful basis for the processing of personal data:
The processing of the personal data contained in Metropolia’s EXAM system is based on a statutory obligation in accordance with the Universities of Applied Sciences Act (932/2014) concerning the ordinary planning of exams, the booking of exam times by the students, the answering of exam questions by the students during an exam and the assessment of exams afterwards by the lecturers.
The processing of the data contained in the EXAM camera surveillance register related to exam supervision is based on the consent of the data subject. The student is informed about the processing of personal data and camera surveillance before the student can book an EXAM time. The student accepts the rules of use, processing of personal data and camera surveillance in exam space when logging into EXAM.
The lawful basis for the processing of data contained in the Personal Data Register of Metropolia’s EXAM Electronic Exam Service is not “legitimate interest”. Therefore this section does not apply.
The following data are saved in the Personal Data Register of Metropolia’s EXAM Electronic Exam Service:
Students taking exams using the EXAM system
The basic information and contact details of the students taking exams using the EXAM system:
- Forename(s), surname, student ID(s), university user ID, user role, email address
Information concerning the use of the EXAM Electronic Exam Service by the students:
- The exam booking details, the time of the exam, information on whether the booking has been used or not, completion of the exam, feedback on the exam, exam grade, and a video and audio recording of the actions of the student taking the exam)
Consents of the student taking the exam and information on certain actions:
- Information on whether the student has accepted the terms and conditions of use of the Electronic Exam Service in connection with their sign-up for the exam.
- Information on whether the student has given consent for the processing of video and audio recording material collected on them.
- The consents can be verified if the student has signed up for the exam in the EXAM system.
Lecturers checking the exams completed in the EXAM system (Metropolia lecturers)
The basic information and contact details of the Metropolia lecturers checking exams completed in the EXAM system:
- Forename(s), surname, Metropolia user ID, user role, email address
- Information on which lecturer has prepared the exam in the EXAM system and given access to the students to book the exam. Information on who performed the exam assessment and what grades they gave.
Administrators and maintenance staff of the EXAM system (designated persons from Metropolia’s staff)
- Forename(s), surname, Metropolia user ID, user role, email address
The personal data are obtained from the data subjects themselves. The data content of the register is received from Metropolia’s data systems through an LDAP directory. Information on the students attending the exams is obtained through HAKA login from the user's home school.
Access to the personal data contained in the Personal Data Register of Metropolia’s EXAM Electronic Exam Service will be given, where necessary, in the systems listed below. (For the purpose of repairing a technical fault, for example, access will be given with administrator rights to the system provider or to the maintenance personnel of a measurement device.) All system/equipment/software providers used (the companies behind them) can be deemed to be recipients of personal data and recipients of regular disclosures from the register.
With respect to the systems it uses for processing personal data, Metropolia has concluded, or will conclude, personal data processing agreements in accordance with Article 28 of the GDPR with the following system providers or service providers:
Caverion Suomi Oy; AXIS camera surveillance system
Securitas Oy; Metropolia’s access control system
CSC - IT Center For Science (shared server for EXAM visits)
The data contained in the Personal Data Register of Metropolia’s EXAM Electronic Exam Service are not transferred outside the EU or EEA or to international organisations.
Identification information on the students, the examiners and the administrators/maintenance staff are currently stored permanently in the Personal Data Register of Metropolia’s EXAM Electronic Exam Service.
The retention period for camera surveillance recordings is 90 days from the date on which an exam was taken. If during the retention period there is a report of an abuse or suspected fraud of the exam system, the recordings will be kept for the time necessary to clarify the matter.
Exam answers and assessments are retained in the EXAM system for 12 months from the date on which the results are published.
The following regulations, among others, have been observed when determining the retention times:
- Universities of Applied Sciences Act (932/2014)
- Decision of the National Archives of Finland on retention times – order given to universities of applied sciences concerning the permanent retention of data in a digital format (AL/20757/07.01.01.03.02/2016)
The data subjects have the right to receive confirmation from the data controller of whether their personal data are being processed. Furthermore, the data subjects have the right of access to their personal data and the right to inspect their personal data stored in the register and to receive copies of them. Under the GDPR, the data controller must respond to requests by the data subjects to exercise their rights within one month of receiving such a request.
A. Right of access to personal data
The data subjects have the right to check whether their personal data are stored in the personal data register. A data subject may submit a request for information by delivering the data subjects’ information request form, which can be found on Metropolia’s public website and/or Metropolia’s intranet, to one of the three offices of Metropolia’s Student and Admission Services. The form must be filled in carefully, printed and signed personally by the data subject. If the data subject is a member of staff, they can deliver the request form to Metropolia’s Human Resources Management unit. When submitting the request, the data subject must prove their identity in a reliable manner (for example by presenting an official personal identity document or driving licence to the Metropolia employee receiving the request).
The visiting addresses of the offices of Metropolia’s Student and Admission Services are:
Metropolia’s Myllypuro campus
Myllypurontie 1, 00920 Helsinki, Finland
Metropolia’s Arabia campus
Hämeentie 135 D, 00560 Helsinki, Finland
Metropolia’s Myyrmäki campus
Leiritie 1, 01600 Vantaa, Finland
Metropolia’s Karamalmi campus
Karaportti 2, 02610 Espoo, Finland
The visiting address of Metropolia’s Human Resources Management unit is:
Metropolia’s Myllypuro campus (Buildings C and D, 5th floor)
Myllypurontie 1, 00920 Helsinki, Finland
All information requests will be forwarded from the offices of Metropolia’s Student and Admission Services and/or the Human Resources Management unit to Metropolia’s Data Protection Officer (email: tietosuojavastaava [at] metropolia.fi (tietosuojavastaava[at]metropolia[dot]fi)).
Metropolia’s Data Protection Officer will respond to information request submitted by the data subjects. If necessary, the Data Protection Officer can be requested to provide additional information on progress in the processing of the request or on the content of the response.
B. Right to rectify personal data and to restrict processing
The data subjects have the right to request the data controller to restrict the processing of their personal data in the following cases:
- the data subject disputes the correctness of their personal data (right to rectify personal data), in which case processing will be restricted until the data controller can ascertain that the data is correct;
- processing violates the law and the data subject objects to the erasure of their personal data, instead requesting that the processing of the data be restricted;
- the data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to establish, exercise or defend a legal claim.
Such a request for rectifying personal data in a Metropolia personal data register or restricting processing can be submitted in person to one of the above-mentioned offices of Metropolia’s Student and Admission Services or Metropolia’s Human Resources Management unit (staff only), where the data subject must prove their identity in a reliable manner when submitting the request.
C. Right to erase personal data
The data subject has the right to obtain from the controller the erasure of their personal data from a Metropolia register without undue delay if any of the following conditions are met:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- the data subject withdraws consent on which processing is based and there is no other lawful basis for processing;
- the personal data have been unlawfully processed; or
- the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
Such a request for the erasure of personal data in a Metropolia personal data register can be submitted in person to one of the three above-mentioned offices of Metropolia’s Student and Admission Services or Metropolia’s Human Resources Management unit (staff only), where the data subject must prove their identity in a reliable manner when submitting the request.
D. Right to data portability (transfer of data from one system to another)
Partly applicable. Article 20 of the General Data Protection Regulation (GDPR) introduces a new right of data portability of a data subject. This right allows for data subjects to receive the personal data that they have provided to a data controller, in a structured, commonly used and machine-readable format, and to transmit those data to another data controller without hindrance. The new right to data portability aims to empower data subjects regarding their own personal data, as it facilitates their ability to move, copy or transmit personal data easily from one IT environment to another (whether to their own systems, the systems of trusted third parties or those of new data controllers).
In accordance with Article 20(1)(a) of the GDPR, in order to fall under the scope of data portability, processing operations must be based:
- either on the data subject’s consent (pursuant to Article 6(1)(a), or pursuant to Article 9(2)(a) when it comes to special categories of personal data);
- or, on a contract to which the data subject is a party pursuant to Article 6(1)(b).
The GDPR does not establish a general right to data portability for cases where the processing of personal data is not based on consent or contract.
Such a request pursuant to Article 20 of the GDPR can be submitted in person to one of the three above-mentioned offices of Metropolia’s Student and Admission Services or Metropolia’s Human Resources Management unit (staff only), where the data subject must prove their identity in a reliable manner when submitting the request.
E. Right to not be subjected to a personal data breach
The data subject has the right to not be subjected to a personal data breach, as referred to in Article 33 of the EU’s General Data Protection Regulation, due to the data controller’s negligence in data protection and/or data security matters or due to negligence on the part of a data processor used by the controller in data protection and/or data security matters. The data subject has the right to be informed without undue delay if a personal data breach is likely to pose a high risk to the rights and freedoms of natural persons.
According to Article 21 of the EU’s General Data Protection Regulation, the data subjects have the right to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on point (e) of Article 6(1) (processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller), such as profiling based on these provisions. The data controller may no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
The request to stop processing of collected personal data can be submitted to one of the three above-mentioned offices of Metropolia’s Student and Admission Services or Metropolia’s Human Resources Management unit (staff only), where the data subject must prove their identity when submitting the request.
If the processing of personal data is based on the data subject’s consent, the data subject has the right to withdraw their consent for processing at any time without the withdrawal of consent affecting the lawfulness of processing based on consent before its withdrawal.
The withdrawal of consent for the processing of personal data collected by Metropolia (withdrawal request) can be submitted to one of the three above-mentioned offices of Metropolia’s Student and Admission Services (or in the case of a member of staff, to the Human Resources Management unit), where the data subject must prove their identity when submitting the request.
Every data subject has the right to lodge a complaint with a supervisory authority if the data subject considers that the processing of their personal data infringes the applicable data protection regulations.
The national supervisory authority in Finland is the Office of the Data Protection Ombudsman. Contact details:
Office of the Data Protection Ombudsman
Street address: Lintulahdenkuja 4, 00530 Helsinki, Finland
Postal address: PO Box 800
FI-00531 Helsinki
Telephone (switchboard): + 358 29 56 66700
Fax: + 358 9 56 66735
Email: tietosuoja [at] om.fi (tietosuoja[at]om[dot]fi)
General description of the technical and organisational security measures aiming at protecting the personal data of the data subjects and the personal data registers:
- The protection of the register has been agreed upon with the system providers. If necessary, the responsibilities have been described in adequate detail in the appropriate agreements.
- The employees and other personnel have undertaken to comply with the obligation of secrecy and to keep confidential the information they receive in connection with the personal data processing.
- The system providers (personal data processors) undertake to maintain the register and the personal data relating to it in accordance with good data processing practices and comply with the obligation to absolute secrecy and confidentiality.
- The data security of the personal data register of the data controllers and the confidentiality of the data contained therein are ensured with appropriate technical and administrative means in accordance with good data processing practices.
- The data controllers have restricted user rights and authorisations to data systems, tools and other storage platforms in such a way that they can only be accessed and processed by the persons who are necessary for such processing due to their job duties or position.
- The system containing personal data may only be used by employees who are entitled to process personal data due to their job duties and/or position. Such employees will be given the appropriate training for their duties.
- Every user of a tool/system must identify themselves with their personal codes, which are issued when the right to access the tool/system is granted. The right of access will expire once the employee resigns or is transferred from the duties for which they were granted the right at Metropolia.
- The data are collected in databases that are protected logically and physically.
The databases and their back-up copies are located in locked premises, and the data can only be accessed by certain pre-appointed persons.
Information on whether the provision of personal data for processing in the Personal Data Register of Metropolia’s EXAM Electronic Exam Service is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data. An account has been given for each register regarding how the personal data were obtained.
The Personal Data Register of Metropolia’s EXAM Electronic Exam Service is based on voluntary participation and used to manage the Electronic Exam Service and the use of the EXAM aquarium related to this for the purpose of supervising exams.
No Metropolia student is obliged to use the Electronic Exam Service. Therefore no person is obliged to provide their personal data to the Personal Data Register of Metropolia’s EXAM Electronic Exam Service. Before a student can book a time slot for an exam to be taken in the EXAM aquarium, they will be informed that they are obliged to consent to being supervised with camera surveillance for the duration of the exam. They will be offered this Privacy Notice for the entire Personal Data Register of Metropolia’s EXAM Electronic Exam Service, including the EXAM Camera Surveillance Register, to read carefully. After this, the student planning to take an exam in the EXAM aquarium will be asked whether they give their consent to being supervised with camera surveillance. They are also informed that, if they do not give consent, they may not take the exam in the EXAM aquarium, and that Metropolia University of Applied Sciences offers an alternative method of completing studies and exams.
The personal data stored in the register have mostly been collected from the data subjects themselves.
The Personal Data Register of Metropolia’s EXAM Electronic Exam Service and the data contained in it will not be used in automated decision-making or profiling.