Data Privacy in Education: Understanding FERPA and Beyond

Parents and educators are more concerned than ever about protecting students’ safety and privacy. While physical safety is usually the first area people consider, digital privacy is equally important in this era. Let’s look at some of the best ways to safeguard data privacy in education.

FERPA and Privacy

One of the first laws passed to protect privacy in education was FERPA (Family Education Rights and Privacy Act). This law was passed in 1974, long before the digital era. However, it set the stage for future regulations and policies. Among the main points of FERPA:

● School records must be accessible to students and parents for inspection. If schools provide copies of documents, they may charge a fee.

● Schools are obligated to correct any errors in records.

● Schools need written permission from students or parents to share records. There are exceptions, such as supplying records to other schools a student is applying to. Records may also be shared when students apply for financial aid or if documents are subpoenaed.

COPPA and Education

COPPA (Children's Online Privacy Protection Rule) safeguards the privacy and well-being of kids under 13. COPPA aims to control commercial websites, but some of its guidelines affect schools, too. It requires parents to agree before anyone gathers specific details about their children. This rule covers any app or website that teachers might use in class.

Data Privacy in the Digital Age

Congress passed FERPA when records existed on paper. These days, schools keep most records on computers. You must guard against several dangers to keep students' information safe, secure, and private.

Data Breaches and Hacks

There have been many instances of school data leaks and breaches. For example, more than 4 million school records, including sensitive data about safety procedures, were leaked in 2022 and 2023. This was due to a malfunction rather than a hack, but it meant that sensitive information was publicly available. Data privacy in education is closely related to students’ safety.

Phishing

Phishing emails and chat messages trick students, parents, or school staff into sharing sensitive information. These messages appear to be from a trusted source, such as a school, a financial institution, or a government agency but are sent by cybercriminals. The best way to guard against phishing is to educate people not to open suspicious messages or click on links.

Ransomware

With ransomware, the hackers encrypt data and demand payment in exchange for decrypting it. Another common type of attack is DDoS (Distributed Denial of Service), where a system is flooded with traffic, making it inoperable.

Internal Hacks

Not all privacy and security threats are external. Students or even school staff may hack into a system for personal gain or as a prank. For example, students may try to access exams or alter their records. They may also access other students’ information to share on social media.

Types of Data to Safeguard

Not all data is equally sensitive. It helps to have separate categories, such as public, confidential, and restricted. Several kinds of data are especially crucial for safety and privacy.

● Medical records. Information on student’s health issues.

● Court documents relating to abuse, such as restraining orders.

● School evacuation policies.

● Security information about schools.

● Confidential personal information about students, parents, teachers, and administrators.

● Individualized education plans (IEPs) are created for students with special needs.

Ways to Protect Data Privacy

How can schools better safeguard data to ensure students’ privacy? There are a few measures that can help to keep data more secure.

Understand Compliance

Educators must first understand how to comply with local, state, and federal regulations. There may be differences from one state or school district to the next. Regulations are frequently updated, so keeping up with the latest changes is essential.

Establish a System

Every school district and individual school needs a protocol for safely handling data. This includes having a person or team assigned to handle day-to-day security-related issues. This gives parents, teachers, and anyone else someone to contact when they have questions or concerns. While prevention is ideal, you also need an incident response plan if something goes wrong. Having drills and running simulations of incidents such as hacking, phishing, or DDoS attacks helps you prepare.

Limit Access

If all data is easily accessible at one location, security breaches are more likely. To establish strong security, you need to control who has access to data. It’s crucial to limit user access to applications and data. Most employees don’t need information irrelevant to their particular roles. Additionally, you need a clear policy about sharing data. Everyone should know what type of information they can share and with whom.

Offer Ongoing Training and Re-Evaluation

Educators must constantly re-evaluate and update their plans to keep up with rapidly evolving technology. Keep up with the latest regulations, news, and security risks. You should also provide ongoing training on how teachers and administrators should handle data. Training should cover essential areas such as:

● Knowing the type of data that can be collected in different situations.

● Protocols for storing and sharing data.

● Security measures such as choosing and storing passwords.

● What to do in the case of a data breach.

Monitor Apps and Websites Used in the Classroom

The future of learning design will include various apps and web-based services. This presents risks as well as opportunities. You need to know which apps, websites, and services teachers in your school district use. This includes those officially provided by the district and any teachers introduced independently.

Before recommending or providing an app, it’s essential to ensure its secure. Similarly, websites that don’t use secure HTTPS protocol are risky. It’s a good idea to have a policy requiring teachers to submit new apps or services for review before having students use them.

Be Cautious with Third-Party Services

Schools often outsource tasks such as data storage and security. This can be a good idea, as companies with expertise in these areas can help keep data safe. At the same time, working with external vendors can pose risks. Keep these guidelines in mind when working with such services.

● Vet companies thoroughly and make sure they have a solid track record. Find out what level of encryption they use.

● Be transparent about how these vendors use any data they manage. Be sure to read their TOS and ask them questions about anything you’re not clear about.

● Keep the number of vendors you work with at a manageable level. The more parties you share data with, the more risk. It’s also harder to keep track of everything when your data is scattered in too many locations, making oversights more likely.

Use Intranet Software and Platforms

While the internet is used globally, intranet software is only accessible within an organization’s infrastructure. Although you may need to use specific third-party applications, there are fewer risks when using on-premises apps and software. You have more control over the system, and accessing data is more challenging for anyone outside the school. The challenge of using on- premises software is that you need people on staff with the expertise to maintain the software.

Use Social Media Safely

Social media is a tricky topic in education. Most school-age children use social media platforms, both during and after school hours.

● Educate students and parents. People, including children, often compromise their privacy by oversharing on social media. Students must be reminded to limit what they share and keep privacy settings at the appropriate level. For example, profiles of children and teens should only be visible to their contacts.

● Regulate social media use in school. While kids are now accustomed to being online all day, this is not only a distraction in classrooms but also creates privacy risks. For example, publicly sharing photos of students and school locations can compromise security.

● GPS and geo-tagging should be turned off on devices during school hours.

● Protect privacy on school social media pages. Many schools have their own websites or social media pages. Be careful not to post information that may compromise students ’privacy.

Make Safeguarding Data a Priority Technology is transforming education, like so many other fields. As learning tools evolve, we must keep privacy and security in mind. This can be challenging as it takes constant vigilance. We must remember that every advance in technology also has some risks that must be addressed.