Policymakers, parents, and privacy advocates have long asked whether FERPA is up to the task of protecting student privacy in the 21st century. A just-released letter regarding the Agora Cyber Charter School might signal that a FERPA compliance crack-down – frequently mentioned as their next step after providing extensive guidance by the U.S. Department of Education (USED) employees at conferences throughout 2017 – has begun. The Agora letter provides crucial guidance to schools and ed tech companies about how USED interprets FERPA’s requirements regarding parental consent and ed tech products’ terms of service, and it may predict USED’s enforcement priorities going forward.
Today, the Future of Privacy Forum (FPF) released “Law Enforcement Access to Student Records: A Guide for School Administrators & Ed Tech Service Providers,” written by Amelia Vance and Sarah Williamson. This guide helps to answer some of the basic questions that we have heard from key stakeholders about law enforcement access to data over the past nine months.
Today, the Commission on Evidence-Based Policymaking released their final report. The Commission was created through bi-partisan legislation in 2016 to “consider how to strengthen government’s evidence-building and policymaking efforts” (page 16). One of the key issues that the Commission heard from advocates on all sides about whether to overturn the current federal ban on connecting education data collected by the federal government in order to provide students, postsecondary institutions, and the public with information that could be used to improve policies or better target federal funding.
The Future of Privacy Forum tracks student privacy news very closely, and shares relevant news stories with our newsletter subscribers.* Today, we are launching “The Top 10,” a monthly blog with our top student privacy stories from the past month (or month-and-a-half, in today’s case).
On November 5, the Future of Privacy Forum and Washington & Lee University School of Law co-hosted a panel on the Future of Section 5 of the FTC Act. The Federal Trade Commission Act permits the agency to bring civil enforcement actions under Section 5 against companies who engage in “unfair or deceptive trade practices.” […]
Data privacy and security regulators don’t always agree. That’s no surprise to those observing the discussions that have followed the European Court of Justice’s decision to invalidate the adequacy of the EU-U.S. Safe Harbor framework. But the disputes aren’t always global. Sometimes regulators from the same country, working in the same agency, disagree about how to […]
October 14, 2015 — The House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade met to discuss proposals to improve motor vehicle safety. Much of the hearing focused on a recent proposal by committee staff to incentivize the adoption of new technologies to improve vehicle safety, which raises several privacy issues. Specifically, privacy and […]
In the wake of Apple and Google’s recent decision to implement “whole device encryption” on their latest mobile operating systems, the FBI has warned that the tech giants’ actions will force law enforcement to “go dark” when it comes to keeping tabs of criminals. FPF has previously explored the question of encryption and law enforcement access, […]
On December 3rd, FPF and IAPP will be hosting a conversation on device encryption in the wake of Apple and Google’s recent application of “whole device encryption” to their newest devices.What does this mean for consumers? What new protections are added? What impact does this have on hackers or others who may see to access […]
FBI Director James Comey has heated up the encryption debate with his recent appearances on Sixty Minutes and at the Brookings Institution. Comey has sharply criticized Apple and Google for the companies’ announcements that they would enable strong encryption on their phones. In contrast to prior practice, the companies would no longer keep a key […]