Education Data and Privacy
A Brief History and Overview:
In today's digital age, education data privacy is a growing concern, especially as more educational institutions and companies collect and analyze vast amounts of student data.
The use of education data can improve student outcomes, but it also raises significant privacy concerns. As a consulting firm specializing in compliance program strategy, we understand the number of hurdles you may need to jump through if you obtain this type of information on consumers.
In this blog post, we'll explore the history of education data and privacy, relevant laws, and notable cases, to help you better understand the importance of data privacy in the education sector. If you need help parsing through the complexities of handling this type of data, contact us today to learn more about the services we can provide to your organization.
Family Educational Rights and Privacy Act (FERPA)
Enacted in 1974, FERPA is the first federal law that established privacy protections for student records. FERPA requires educational institutions to obtain written consent from parents or eligible students before sharing their education records with third parties, and also provides individuals with the right to access and correct their education records.
FERPA applies to all educational institutions that receive federal funding, including public schools, universities, and private schools.
Generally, FERPA won’t apply unless you’re a non-educational institution unless you’re in the business of exchanging education data. However, there are some exceptions to FERPA where non-educational institutions have access to student education records. Additionally, FERPA applies to non-educational institutions if they receive any type of government funding specifically designated for educational purposes.
The applicability of FERPA is important because it determines your requirements for disclosure on how that data will be collected and utilized. Even if you collect this information but don’t share it, you may need to comply with certain aspects of this law.
Other relevant privacy law
In addition to FERPA, several other federal and state laws govern education data privacy. These laws include:
Children's Online Privacy Protection Act (COPPA)
Individuals with Disabilities Education Act (IDEA)
COPPA is a federal law that requires websites and online services that are directed to children under 13 to obtain parental consent before collecting personal information from them.
IDEA is a federal law that protects the privacy of students with disabilities and requires schools to obtain parental consent before conducting evaluations or sharing their information with outside entities.
Several states have also enacted their own education privacy laws, such as California's Student Online Personal Information Protection Act (SOPIPA) and Colorado's Student Data Transparency and Security Act (SDTSA). These laws aim to provide additional protection to students' personal information by regulating how educational institutions and third-party vendors handle and protect student data.
Notable Legislation for Education Data Privacy
There have been several high-profile cases of companies being fined for misusing education data in violation of these laws.
For example, in 2019, the Federal Trade Commission (FTC) fined the online study tool Quizlet $7.5 million for collecting and sharing personal information from students under 13 without parental consent, in violation of COPPA.
In 2018, the FTC also fined the educational app company VTech $650,000 for failing to obtain parental consent before collecting personal information from children, in violation of COPPA.
Another notable case is the 2017 settlement between Google and the Mississippi Attorney General's office, in which Google agreed to pay $7 million to settle allegations that it violated student privacy by collecting personal information from students who used its G Suite for Education software in violation of FERPA and COPPA.
We have experience dealing with education data with our clients, mostly in the employment space. These non-educational institutions had student education records for one reason or another, and their biggest issue isn’t with the consent or sharing pieces, but largely in the disclosure space. Individuals realized a significant amount of information about their educational journey was collected as part of their employment, and as a result, wanted more information about how that information was being safeguarded. Often times, this information was overlooked as non-sensitive due to it not containing personal financial information. This is a quick fix issue that poses unnecessary risk to many enterprises, and it’s something we can solve for you. Contact us today to learn more.
Why Education Data Privacy Matters
Protecting education data privacy is critical for several reasons. First and foremost, it ensures that students' personal information is kept confidential and secure. This includes sensitive information such as grades, transcripts, and disciplinary records. Second, it helps to prevent identity theft and fraud, which can have long-lasting consequences for students. Finally, it promotes trust and transparency between educational institutions and the communities they serve.
We understand the complex legal and regulatory landscape that governs education data privacy. We can help your organization develop policies and procedures that comply with relevant laws, protect student privacy, and enhance the overall quality of education. Contact us today to learn more about our services and how we can help you navigate this type of data.