Senator Edward Markey (D-Mass) and Senator Orrin Hatch (R-Utah) have proposed a "Protecting Student Privacy Act." The draft bill would "(1) requires that data security safeguards be put in place to protect sensitive student data that is held by private companies; (2) prohibits the use of students' personally identifiable information to advertise or market a product or service; (3) provides parents with the right to access the personal information about their children - and amend that information if it"s incorrect — that is held by private companies just as they would if the data were held by the school itself; (4) makes transparent the name of companies that have access to student information by directing school districts to maintain a record of all outside companies with which the school contracts; (5) minimizes the amount of personally identifiable information that is transferred from schools to private companies; [and] (6) ensures private companies cannot maintain dossiers on students in perpetuity by requiring the companies to later delete personally identifiable information." The legislation highlights many of the protections EPIC endorsed in its Student Privacy Bill of Rights. Senator Markey announced plans to introduce student privacy legislation earlier this year at EPIC's public panel on student privacy. For more information, see EPIC: Student Privacy.
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Communications Law and Policy
Jerry Kang and Alan Butler