
"Imagine walking through a mall where every store, unbeknownst to you, is placed a sign on your back. The signs tell every other store you visit exactly where you have been, what you looked at, and what you purchased. Something very close to this is possible on the Internet." (Berman and Mulligan,1999, Vol.23) Because of this digital trail President Obama recently signed the Federal Student Digital Privacy Act, in January of 2015. This piece of legislation is modeled on California's Student Online Personal Information Act. It prevents companies from selling student data to third parties for non-educational purposes and advertising to students based on data collected in schools.
Prior to this bill going into effect 75 companies have signed The Student Data Privacy Pledge. The pledge states that school service providers are accountable to:
- not sell student information;
- not behaviorally target advertising;
- use data for authorized education purposes only;
- not change privacy policies without notice and choice;
- enforce strict limits on data retention;
- support parental access to, and correction of errors in, their children’s information;
- provide comprehensive security standards; and
- be transparent about collection and use of data.
The objective of The Student Digital Privacy Act legislation, is to encourage companies and schools to be responsible stewards of information. This enables the creation of a trusted online learning community for all students.
Questions about The Student Digital Privacy Act:
- Where did the idea for The Student Digital Privacy Act originate?
- The law is based on the California 2014, legislation know as the Student Online Personal Information Protection Act or (SOPIPA). SOPIPA prohibits companies from using personal information gathered from students through online education technologies for any purpose other than the purpose for which it was originally collected. It also prevents ed tech services from creating a profile of a student, unless that profile is used for clear educational purposes. Companies cannot use any information gained from the use of their K-12 site to target advertising on any other site, or service. (Peihler,2014)
- How is The Student Digital Privacy Act different than FERPA?
- Under FERPA schools are allowed to provide student data to a third-party cloud provider without parent or student consent. FERPA applies only to the schools themselves and does not apply to third-party cloud providers. The school will be held liable if a third-party cloud provider leaks confidential student information (e.g., medical history, behavior issues, or academic performance), is hacked, or sells the information to private companies. The Student Digital Privacy Act, tries to ensure the privacy of student data by filling FERPA's gaps.
- Where can I find an official government document providing me with more details about SOPIPA?
- Here is a link to the FACT SHEET provided by the White House Press Secretary.
- I would like more information on The Student Digital Privacy Act and other government actions to improve cybersecurity. Where could I find a video to provide me with that information?
This C-Span video is quite long, but worth your time. In it President Obama addresses The Student Digital Privacy Act, as well as many other new and notable efforts to improve government response to cybersecurity. Lots of great information within this discussion.