Tennessee Voices: School data collection needs limits
Almost every day there is a new revelation regarding a data breach by a store, a corporation or even our own government. From the earliest days of the technological revolution, and by that I mean the invention of photography, legal scholars have debated whether there is a constitutional right to privacy.
Similar to the Facebook issues of today, original privacy concerns surrounded the unauthorized use of a photograph of a young socialite on a 5-pound bag of flour. As innocent as posting photos for your friends to see or finding your photo on cake flour, lengthy debates ensued regarding what is the appropriate balance when it comes to our private data, personal information and, of course, our images.
Courts have long recognized a right to privacy in America, especially as it relates to our home, our personal space and very private information, such as medical records. Today, the Internet, peer-to-peer sharing and various social networks have blurred where privacy begins and ends. Many argue that the “free” Internet will only remain free if the various parts of the ecosystem can find creative ways to monetize the information that we eagerly post. However, no matter what your viewpoint as an adult, we must realize that children and their data must be treated differently. This is nothing new: TV advertising, sales of mature content and even the fundamental right to free speech are all subject to more stringent government oversight as they relate to children.
As more and more technology is being integrated into the classroom, those concerns also include student educational data. Edtech — the use of all types of new technologies in the classroom — is taking the country by storm. Whether the latest app or gamification or high-definition video, new technologies are transforming the way children learn and how teachers teach.
That is great news; however, according to a recent study by Common Sense Media, more than 90 percent of parents are concerned about who has access to digitized student data and, specifically, whether it is being sold commercially. We all know analyzing student data can have incredibly positive results, from identifying better ways to teach children to deciding whether a student is able to progress from algebra to calculus. Personalized learning benefits from identifying which pedagogy “works.” Student achievement scores can even help parents choose a school based on academic success.
However, what if students’ personal data are being sold to market a product or food or videos to them — or to build student profiles? Shouldn’t a parent have the right to say no, or at least be aware of all the entities who may have access to their child’s data? This transparency of data use is precisely what the Federal Trade Commission has advocated, investigated and exacted from numerous social media and other Internet companies. Shouldn’t schools have the same rules?
Privacy tools must be made available, and the manner in which student information is collected, stored or used must be clearly understood. And in every case, parents should have the final say.
Schools can make great use of student data, at least while children are actually attending. However, schools must have clear and transparent rules regarding use and security of children’s data. And only under the most rigorous review, and with total approval by parents, should this information ever be shared outside the educational environs or used for commercial purposes.
No matter how poor the school or what important research study is being performed or even what product may be offered to a school, children have a right to privacy protected by the U.S. Constitution. And no one should take that away from them.
Deborah Taylor Tate is a former FCC commissioner, special envoy for child online protection and a member of the Common Sense Media National Board.
student data principles
1. Students’ personal information shall be used solely for educational purposes while they are in attendance.
2. Students’ personal information or online activity shall not be used to target advertising to students or families.
3. Schools and education technology providers shall adopt appropriate data security, retention and destruction policies.
For more information, see the new School Privacy Zone: www.commonsensemedia.org/school-privacy-zone.