Family Educational Rights and Privacy Act
(20 U.S.C. § 1232g; 34 CFR Part 99)
Proposed Changes to FERPA
An area for improvement with FERPA has to deal with the greatly increased access of third party vendors in the classroom. A major source of third party interaction is through technology and software. What is considered by many to be a convenience (e.g. Google being able to sync across many devices) can result in threats to privacy.
One example of an issue is related to Google’s educational technology. Many schools opt for low-cost technology such as Chromebook, cloud-based services and educationally focused software - Google’s “Apps for Education” specifically designed for school use. Google used information and ‘metadata’ from these user profiles and email messages to “data-mine” to build profiles of students. This information is often used for targeted promotions. This is problematic in that companies effectively have educational records for students and to an extent sell that information. Other educational applications are under review for how they collect, store and manage student data.
EdWeek has coverage on such issues. For more information on the Google case, click HERE
This is not an open and shut case, though. There are arguments on both sides for what data can be collected and used – basically a question of what constitutes “legitimate educational interest?” On the plus side, this gives a chance for ‘real-time’ evaluation of products and educational gain and easier access for researchers. On the list of concerns are privacy and security. How much information is needed or allowable to ensure anonymity? Is personally identifiable information accessible? How are these companies protecting/securing information? Who bears the burden of responsibility for protecting the information?
Currently this doesn’t seem to be contentious insofar as government officials, regulators, school officials and educational technology companies seem to be working well together towards a solution. Though in the interim, people are worried about data usage while there is a lack of clarity on security concerns.
Arne Duncan’s remarks at the Common Sense Media Privacy Zone Conference: click HERE
California’s legislation restricting use of students’ educational data: click HERE and HERE
President Obama’s plan regarding student educational data: click HERE