Without Consent – Student Information Exposed by Legal Loophole, Study Says

guest · Apr 17, 2020

Student Information Exposed by Legal Loophole, Study Says
The World Privacy Forum explains how photos, birth dates, and other sensitive data becomes public
April 15, 2020
https://www.consumerreports.org/privacy/student-information-exposed-by-legal-loophole/

A loophole in a federal student privacy law gives outsiders access to the personal information of K-12 students that is listed in school directories, yearbooks, and other publications, according to a new report.
The information—available to data brokers and other private companies—can include student names, birthdates, photos, and home addresses.

The Family Educational Rights and Privacy Act (FERPA)—designed to give parents and students the right to access and amend educational records—allows schools to designate certain student data as “directory information,” according to the 181-page report compiled by the World Privacy Forum.
But it also allows the information to be provided to outsiders, who can use it in ways few parents would anticipate.

That allows these companies to build profiles of children that could end up informing marketing campaigns or being used for other purposes.
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“It’s an extraordinary problem,” Dixon says. “When schools designate sensitive student information as ‘directory information,’ it becomes public information that can be shared with anyone. Schools have a lot of discretion about what to release.”
Directory data may include a student’s name and home address, along with a birthdate, social media handles, and even height and weight. Many districts also make public a student’s place of birth and primary language.

Families fleeing domestic violence can be endangered when a student’s address becomes public.
The Backpack Opt-Out
Parents can opt out of the collection and distribution of directory data, but that’s not always easy, the report says.
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The organization is calling for a variety of corrective steps, beginning with a requirement for schools to post FERPA notices and opt-outs online.

“We’re asking the U.S. Department of Education to update their FERPA guidance, to bring it into the modern era,” Dixon says.
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World Privacy Forum: New Report – Without Consent: An analysis of student directory information practices in U.S. schools, and impacts on privacy

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Without Consent – Student Information Exposed by Legal Loophole, Study Says

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