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White paperMichael Clark
Education Is Already High-Risk
The four uses named in Annex III point 3 cover most of what an institution runs, and several may have arrived through procurement without anyone classifying them. On the Dutch and German proctoring judgments, the necessity the Dutch courts accepted rested on pandemic facts that have since changed (an inference, not a holding), and consent is a basis of last resort. The first steps are supplier questions, classification against each limb, settling the Article 9 question first, and a decision record for appeals.
Key findings
- The four limbs of Annex III point 3 cover most of what a modern institution runs, and several may have arrived through procurement without a classification decision.
- A human signature at the end of the process does not take a system out of scope, and the Article 6(3) exemption never applies to a system that profiles students.
- High-risk duties start on 2 December 2027, subject to Article 111(2), but Article 5(1)(f)'s ban on emotion inference in education has applied since 2 February 2025; data protection was never deferred.
In the paper
- A human signature does not take a system out of scope
- What applies now, and what applies later
- The Dutch cases
- The German case
- The justification that expired
- Consent is a basis of last resort
- Settle the Article 9 question first
Michael Clark
Chief Executive Officer, Standard Intelligence
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