As California schools hurry to implement distance learning plans for students at home during the coronavirus pandemic, many are facing new questions about how to protect student data privacy as the…
As California schools hurry to implement distance learning plans for students at home during the coronavirus pandemic, many are facing new questions about how to protect student data privacy as they shift to online education. Here’s what parents, educators and students need to know:
What privacy laws apply to California students?
In 2014, California passed the Student Online Personal Information Protection Act, which prohibits companies providing online services for K-12 schools and students from selling student data or using that information to advertise to students. It also requires that companies delete student data if a school or district requests it.
That law aligned with federal student privacy laws, including the Children’s Online Privacy Act, which applies to online businesses that sell products or services for children. Enacted in 1998, the law requires a website or mobile app to obtain parental consent before it can collect personal information about children under 13. It also requires the site or app to disclose their data collection practices, such as in an online privacy policy.
The new California Consumer Privacy Act applies to data collected by non-education apps that teachers might use during the pandemic, such as Zoom. The law extends requirements for collecting, selling and deleting personal information to companies providing all types of services — not just those that are aimed at children. It also requires those companies to obtain a parent’s permission before selling personal data of a child under 13. Teens between the ages of 13 and 16 can give consent themselves.
The new consumer privacy act lists education records, as defined under the federal Family Educational Rights and Privacy Act, as personal information and gives students over 16 in high school and college the right to opt-out of the sale of their data.
Can teachers use video with students if teaching remotely?
Yes — but be careful. There generally aren’t privacy issues with a teacher giving a video lesson. And it can be comforting for some students and easier to learn from a familiar face on screen rather than a recorded voice or worksheet.
But schools can run into problems if teachers or students record or snap photos of the virtual classroom.
“Think back to when you were in high school and imagine the most embarrassing thing that happened to you in a classroom,” said Bill Fitzgerald, a Consumer Reports privacy researcher.
