12.2 On what legal basis is the data (name, title, function and institution) of the peers published in the accreditation reports?

According to § 29 sentence 2 MRVO, the publication of data is based on the consent of the peer review reports. Higher education institutions must therefore confirm in ELIAS that the peer reviewers have consented to the publication of their data when submitting an application for program or system accreditation. One way in which higher education institutions can ensure this is through a provision in the review contract with the Agencies, according to which the Agency guarantees that consent has been given. The consent should not only refer to the publication, but also to the processing of the data in other respects.

For system-accredited higher education institutions and higher education institutions that have carried out an Alternative Procedures according to § 34 MRVO as an equivalent to a system accreditation, the obligations according to § 29 MRVO to publish the accreditation reports apply accordingly (see § 29 sentence 3 MRVO and the resolution of the Accreditation Council of 24.09.2018 on the reporting obligations for system-accredited higher education institutions). Therefore, when submitting an application for system accreditation in ELIAS, they must undertake to obtain the consent of the peer reviewers used in the internal accreditation procedures to process and publish their data and also to publish the corresponding data.