Student Privacy Laws Still Apply if Coronavirus Just Closed Your School
upstart writes in with an IRC submission for SoyCow420:
Student privacy laws still apply if coronavirus just closed your school:
Hundreds of colleges and universities are suddenly shutting their doors and making a rapid switch to distance learning in an effort to slow the spread of novel coronavirus disease. Likewise, hundreds of K-12 districts nationwide have either already followed suit or are likely to in the coming days.
[...] Even when all of the immediate logistical and technical needs have been triaged and handled, though, there remains another complicating factor. While the United States doesn't have all that much in the way of privacy legislation, we do, in fact, have a law protecting some student educational data. It's called the Family Educational Rights and Privacy Act, or FERPA.
FERPA applies to both written and digital student records. For students under age 18, the provisions about what may (or must) be shared or not shared apply to their parents or guardians. Once a student turns 18, the protections transfer to them directly. The provisions also apply directly to any student enrolled in a college, even if that student is not yet 18 (such as in community college dual-enrollment programs for high school juniors and seniors).
The act prohibits "improper disclosure" to third parties of personally identifiable information (PII) derived from student records. Schools are not prohibited from allowing vendors access to information for the purpose of providing services-you can use third-party digital tools for administrative and educational purposes without being in violation of the law. But the school may then be held responsible if the vendors then do shady things with student data.
[...] Software platforms allowing videoconferencing, recording, and screen sharing have all seen a massive spike in use in recent weeks. Microsoft, Google, Slack, and Zoom are all offering discounts or extra features to businesses, groups, and individuals to help with the everything from home era in which we (hopefully temporarily) find ourselves. Not all of those tools, many of which are designed for enterprise use, are necessarily going to be compliant with educational regulations.
[...] In 2013, a group of students sued Google over its "creepy" data-mining from Google Apps for Education tools. Google ended the practice in 2014, only to be sued again in 2016 by a group of current and former university students alleging their data was collected and retained from their Google academic accounts in violation of the Electronic Communications Privacy Act.
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