Netherlands Institute for Human Rights rules university's proctoring software didn't discriminate
The Dutch Racism and Technology Center (RTC) assisted bio-informatics student Robin Pocornie to launch a case with the Netherlands Institute for Human Rights over the VU University's use of proctoring software: Proctorio.
The software uses a face detection algorithm that, like almost all face detection, works better on white people than on people of color. The Institute previously found it sufficiently plausible that the software discriminates and therefore shifted the burden of proof to the university. In response, the VU submitted (supposedly) statistical proof of non-discrimination, written up by one of its own professors. At the request of Racism and Technology Center, we analyzed the report and argued why it didn't prove the software isn't discriminatory.
Unfortunately, the Netherlands Institute for Human Rights chose to not examine the discriminatory functioning of the software in general, but look at Pocornie's case in isolation. As RTC writesRead RTC's full statement on their website., the "judgement shows how difficult it is to legally prove that an algorithm discriminates, even though there is an overwhelming amount of scientific evidence that facial detection works less well for people with dark skin."