Helping you safeguard student privacy

In a policy statement meant to clarify COPPA, the Federal Trade Commission warned ed tech firms not to use students’ data for marketing and other commercial purposes, to eventually delete collected data, and to have adequate security procedures for protecting students’ information. The commission was especially concerned with data collected from low-income students using free apps. This new guidance is meant to include broad consent agreements from schools and districts.

IXL Learning says its subscription-based platform follows federal privacy laws, but a new class-action suit from a group of parents alleges the company collects and uses students’ data without their knowledge or proper consent. The three Kansas families bringing the legal action are co-represented by the EdTech Law Center, a firm focused on the use of personal data in edtech. IXL claims the suit is “based on speculative concerns about educational technology in general” and does not reflect their policies.

The FTC has proposed a settlement for alleged child privacy and consent violations by Edmodo, which operated a platform for virtual classes. Regulators claim the edtech firm failed in its consent requirements in part by relying inappropriately on the school to get parental consent on using children’s information for commercial purposes. They said schools and teachers “could never be solely responsible for complying” with COPPA.

There are 11 new state privacy laws scheduled to go into effect over the next two years, and dozens more currently under consideration by local legislatures. In July, new requirements in Florida, Oregon, and Texas could result in substantial fines for companies that are behind on data collection and consent requirements in those states. While there are similar elements among the new laws, each has unique provisions; for example, Florida’s law will primarily affect large companies, while the laws in Texas and Oregon may also apply to nonprofit groups and small businesses, respectively. Regulatory changes are coming quickly throughout the U.S., and without a thorough understanding of the new laws, your business is vulnerable to legal challenges. Common Sense Privacy closely monitors new legislation and can alert you when your policies fail to meet new requirements.