Researching facts, compiling exercise material or even marking homework: there are many areas of application for AI in schools. Which of these are actually permitted? Where are the pitfalls? And what obligations do pupils and teachers have when using ChatGPT & Co.? Lawyer Maria Bertel and her team, supported by research manager Maddalena Vivona, have addressed these questions.
"There are several legal principles that must be taken into account when using AI in education: for example, the EU's AI Act, the General Data Protection Regulation and – something that is rarely considered – children's rights," summarises Maria Bertel from the Institute for Public Law and Political Science. Together with Evelyne Putz and Julian Priebsch, she has combed through the legal situation in the European Union as part of the EU-funded EducationalAI project and summarised the relevant points in a guide for teachers and managers in the education sector. "The AI Act already makes important provisions in this regard. Certain applications, such as assessing performance exclusively through artificial intelligence, are classified as high risk," the researcher clarifies.
If Copilot, Gemini or other AI systems are used in class or for homework, the protection of personal data must be taken into account. Not everyone is aware of this. The fact that a German teacher can become the operator of an AI system when she sets a research task is hardly obvious without specialist legal knowledge. "So we have clarified many legal terms that teachers are usually not so familiar with," explains Bertel. The lawyers sought the expertise of ethicists, didacticians and educators in order to take into account the needs of everyday practice. The guide, which contains selected EU legal principles, is available for free download.
Together with Evelyne Putz, Maria Bertel is now creating a counterpart that focuses on Austrian law. This is expected to be completed in early summer this year. "We hope that this will help to reduce legal uncertainties surrounding the use of artificial intelligence in schools," says the lawyer. She recommends that individual educational institutions work with young people, parents and management to develop guidelines. The researcher has no doubt that the technology should be used in educational institutions. A chatbot, for example, could be a good learning tutor. However, it is important to accompany the children and make it clear to them that they are communicating with a machine.
The researcher welcomes Education Minister Christoph Wiederkehr's initiative to introduce AI as a subject in schools: "Digital skills and knowledge about how these tools work should definitely be taught. This applies to all subjects. I don't want to judge whether a new subject needs to be introduced for this purpose."