Archive for the ‘defending student privacy rights’ Tag

HB 358: Protecting Student Privacy Rights in Utah   2 comments

Student privacy rights are improving in Utah!  Utah HB 358 passed and was funded this legislative session.

This is very happy news for many who have been extremely concerned about the lack of proper privacy protections in our state and country.  Although the bill does not provide any opt-out ability for any student from the State Longitudinal Database System,  which we’ve been asking for, for four years straight, it it does take important steps in the right direction.

The bill imposes some important restrictions on how information collected by school/government systems about a student can be stored, shared, and used.  It also makes the Utah law much more protective than federal FERPA (which, as you know, was deliberately damaged by the USDOE in 2009 so that it is not protective of student privacy as it had been when first written by Congress decades ago.)

In HB 358, line 472, the new law defines who owns the data.  The student.

472          (1) (a) A student owns the student’s personally identifiable student data.

(Not the “village”.)

The bill also defines three types of personally identifiable data:  necessary, optional, and prohibited.

For example, under “necessary” data, the bill names:

316          (a) name;
317          (b) date of birth;
318          (c) sex;
319          (d) parent contact information;
320          (e) custodial parent information;
321          (f) contact information;
322          (g) a student identification number;
323          (h) local, state, and national assessment results or an exception from taking a local,
324     state, or national assessment;
325          (i) courses taken and completed, credits earned, and other transcript information;
326          (j) course grades and grade point average;
327          (k) grade level and expected graduation date or graduation cohort;
328          (l) degree, diploma, credential attainment, and other school exit information;
329          (m) attendance and mobility;
330          (n) drop-out data;
331          (o) immunization record or an exception from an immunization record;
332          (p) race;
333          (q) ethnicity;
334          (r) tribal affiliation;
335          (s) remediation efforts;
336          (t) an exception from a vision screening required under Section 53A-11-203 or
337     information collected from a vision screening required under Section 53A-11-203;

Under “Prohibited data” which schools and third parties may not collect, the bill name:

806     …administration to a student of any psychological or psychiatric
807     examination, test, or treatment, or any survey, analysis, or evaluation without the prior written consent of the student’s parent or legal guardian, in which the purpose or evident intended effect is to cause the student to reveal information… concerning the student’s or any family member’s:
811          (a) political affiliations or, except as provided under Section 53A-13-101.1 or rules of
812     the State Board of Education, political philosophies;
813          (b) mental or psychological problems;


814          (c) sexual behavior, orientation, or attitudes;
815          (d) illegal, anti-social, self-incriminating, or demeaning behavior;
816          (e) critical appraisals of individuals with whom the student or family member has close
817     family relationships;
818          (f) religious affiliations or beliefs;
819          (g) legally recognized privileged and analogous relationships, such as those with
820     lawyers, medical personnel, or ministers…

Thank you, Representative Anderegg.

Read the rest of the bill here.

TODAY: FEDERAL COURT TRIES U.S. DEPT OF ED. FOR DESTRUCTION OF FAMILY PRIVACY/CONSENT   8 comments

Today is big.

The federal district court in Washington, D.C. is hearing arguments today from Khalia Barnes and Marc Rotenburg of the Electronic Privacy Information Center in support of nationwide student privacy, in support of parental consent laws, in support of protective definitions of terms.

So, who on earth is on the opposite team? Who’s actually arguing against student privacy? Drumroll….

THE U.S. DEPARTMENT OF EDUCATION.

Yes, really.

Read:
EPIC to Defend Student Privacy Rights in Federal Court

On July 24, EPIC President Marc Rotenberg and EPIC Administrative Law Counsel Khaliah Barnes will present arguments in federal district court in Washington, DC in support of student privacy. In EPIC v. Dept. of Education, No. 12-327, EPIC is challenging recent changes to the Family Educational Rights and Privacy Act (FERPA) that allow the release of student records for non-academic purposes and undercut parental consent provisions. In 2011, EPIC submitted extensive comments to the agency opposing the changes. After the Education Department failed to modify the proposed regulation, EPIC filed a lawsuit and argued that the agency exceeded its authority with the changes, and also that the revised regulations are not in accordance with the 1974 privacy law. EPIC is joined in the lawsuit by members of the EPIC Board of Directors Grayson Barber, Pablo Garcia Molina, Peter Neumann, and Deborah Peel. For more information, see EPIC: EPIC v. The U.S. Department of Education and EPIC: Student Privacy.
http://epic.org/2013/07/epic-to-defend-student-privacy.html

The big question is, why isn’t this gigantic, unbelievable story being covered by the mainstream media?

It’s not important enough? People don’t really care about the privacy rights of children? Parents don’t really care that their parental consent rights have been undercut by the U.S. Department of Education? It’s no big deal that the U.S. Department of Education redefined terms that include “directory information,” “educational agency,” and “authorized representative,” –loosening and widening each term to make students’ privacy easier to hack?

No big deal?

Shame on the mainstream media for blacking this out in favor of non-news, celebrity scandals and trumped-up racism stories.

Share, share, share.

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