When AI-powered features like chatbot-based grading and AI-guided dialogues become more common in education, it's essential for school administrators to understand the legal and ethical responsibilities that come with them, especially under EU data protection laws such as the GDPR.
This article outlines the core obligations you must meet when using AI for learner evaluation in your academy through LearnWorlds.
Why Consent Matters
If a learner does not provide consent, they will not be able to answer the AI -AI-enhanced question, and their response is automatically blocked and scored as zero, which can impact
- Final grades
- Course completion
- Certification eligibility
To prevent misunderstandings or disputes, it's critical that learners are informed clearly and in advance of:
- The use of AI for knowledge evaluation in exam questions
- Their right to consent or refuse
- The consequences of refusal (e.g., automatic zero on affected questions)
Ensure learners make an informed decision before course registration or assessment begins.Legal Basis: When Consent Is Required
Article 22 GDPR – Automated Decision-Making
If AI grading is fully automated and has a significant impact (e.g., passing/failing a course or denying certification), then:
- You must obtain explicit, informed consent from the learner
- You must document the consent process, including:
-Time of consent
-Method (e.g., checkbox, digital form)
-Context (course, exam)
Alternative Basis: Legitimate Interest
If you do not rely on consent, and instead claim a legitimate interest, you must implement additional safeguards:
- Right to Contest: Learners must be able to request human review of any grade.
- Transparent Logic: Clearly explain how the AI reaches a grade. This may include:
-Scoring rubrics or rules,
-Types of inputs assessed (e.g., grammar, coherence, argumentation),
-Limitations (e.g., inability to evaluate humor or creativity). - Human Oversight: Provide human intervention on request, particularly in certification-based assessments.
Using Learner Data to Train AI
If learner responses are used to train or fine-tune AI models, either internally or via third-party providers:
- You must inform learners how their data will be used.
- You must specify:
-The type of data collected (essays, voice/video, metadata),
-Processing purpose (model improvement, analytics, etc.),
-The identity of the data controller and processors,
-Retention periods.
Depending on the purpose and jurisdiction:
- Explicit consent may be required, or
- A clear, accessible opt-out mechanism must be provided and honored.
Terms of Service & Privacy Disclosures
Before learners participate in AI-evaluated assessments, your platform’s Terms of Service and Privacy Policy must state:
- That AI will be involved in evaluating assignments (e.g., chatbot dialog, essays),
- Which assignment types does this apply to (e.g., open-text questions, spoken responses)
- Whether human review is available, and under what conditions,
- That consent will be collected, and that refusal affects scoring.
Provide a plain-language explanation of the AI’s role, such as:
“This AI-powered assistant evaluates written responses for factual accuracy, structure, and clarity using a large language model. It does not consider humor, creativity, or cultural references unless specifically trained to do so.”
You should be transparent about:
- Inputs evaluated (correctness, coherence),
- Scoring thresholds, if applicable,
- Known limitations.
Know Their Rights (Under GDPR)
Learners must be informed of their data subject rights, including:
- Access: Know what personal data is held and how it was processed.
- Rectification: Correct errors in evaluation or stored data.
- Erasure: Request deletion of personal data under specific conditions.
- Objection & Restriction: Refuse or limit further AI processing.
- Portability: Receive their assessment records in a readable format.
- Human Intervention: Contest fully automated decisions that affect them.
Documentation & Compliance Checklist for School Admins
Before deploying AI-powered tools for assessment or grading, ensure the following steps are completed to meet legal and ethical obligations:
- Update your Privacy Policy and Terms of Service to include AI grading disclosures.
- Provide a consent mechanism at onboarding and during exams/forms with clear options.
- Maintain records of who consented, when, and under what conditions.
- Ensure Data Processing Agreements are in place with AI vendors.
- Perform a Data Protection Impact Assessment (DPIA) for AI grading systems.
- Offer a contact point for learners to exercise their data rights.
If you operate in non-EU jurisdictions (e.g., U.S., Canada, UAE), additional or alternative obligations may apply. Always consult your legal counsel or Data Protection Officer(DPO) before implementing AI-based grading systems.