As with any new technology, the laws and regulations relating to them seem to always be one step behind and one can feel somewhat lost in a foggy, legal grey zone. The same is true for the use of AI.
Using AI in a legally compliant way depends on its specific application, its range and the technical details. This has to be checked and regulated in accordance with the law in order to be able to use each AI technology safely, for the intended purpose and in compliance with data protection regulations.
But how can universities know if they are using Learning Analytics and AI technologies in a legally compliant manner?
In a first step in answering this question, the Goethe University has recently published an extensive legal assessment about the use of Learning Analytics and AI technologies in teaching and learning at universities in Hesse. Their report takes state and federal law as well as the forthcoming EU AI Act into account.
The report was compiled as part of the IMPACT and ALI projects and built upon a first report from 2023 based on an analysis of the conditions in the state of North Rhine-Westphalia. The report has found that it is possible for the Hessian universities to regulate their AI usage in a statue. Unfortunately, the Hessian Higher Education Act does not yet provide a suitable legal basis and would need to be expanded to provide for this.
The legal examination of the AI applications from the ALI and IMPACT projects has shown that the use of AI in higher education is legally possible and practicable, provided it is regulated responsibly and in compliance with data protection regulations. The report provides a guide for universities in Hesse that want to improve their teaching and learning support through innovative AI and Learning Analytics technologies.
This report is a significant step in the development of university digitization and will aid universities to find their way out of the legal grey zone, so they can fully utilize the potentials of AI in a legally responsible manner.
For more information, see the press release from the Goethe University.