Students & Minors

Do you have a suggestion for a resource on students’ or minors’ privacy to include on this page?  Send it via email to oif@ala.org.

Federal Student Privacy Laws

Family Educational Rights and Privacy Act (FERPA)
Full text of the law: https://www.law.cornell.edu/uscode/text/20/1232g

Student Privacy 101: Student Privacy at the U.S. Department of Education

FERPA – SHERPA Student Privacy Resource Center
(sponsored by the Future of Privacy Forum)

FERPA Primer: The Basics and Beyond
by George C. Hlavac, Esq., and Edward J. Easterly, Esq.

Privacy and Children’s Data: An Overview of the Children’s Online Privacy Protection Act (COPPA) and the Family Educational Rights and Privacy Act (FERPA)
Berkman Center Research Publication No. 23

Scholarly Articles on Minors’ Privacy

Privacy for Children
Columbia Human Rights Law Review

Minors’ Constitutional Right to Informational Privacy
University of Chicago Law Review

Youth, Privacy, and Reputation
Berkman Center for Internet and Society at Harvard University

Library Records Open to Parental Scrutiny: A New Set of Internet Access Controls for Minors?
29 Columbia Journal of Law & the Arts 361
(available through Lexis/Nexis; on file with the Office for Intellectual Freedom)

From the article:  Parental access provisions that are intended to chill a child’s exercise of free intellectual inquiry are arguably viewpoint discriminatory in that they practically reduce a minor’s choice of information to ideas that are parentally sanctioned. Library records confidentiality statutes should ideally be narrowly tailored to allow greater intellectual freedom to older minors, especially in light of the fact that minors’ access to objectionable internet materials is already limited under the filtering regime imposed by the Children’s Internet Protection Act. Asserting mature minors’ free speech interests in the confidentiality of library records is important in developing a liberal free speech jurisprudence regarding both mature minors and internet access.

Standards and Principles

Library Privacy Guidelines for Students in K-12 Schools

Library Privacy Checklist for Students in K-12 Schools

American Association of School Librarians’ Position Statement on the Confidentiality of Library Records

Student Privacy Bill of Rights

Student Data Principles

Student Data Privacy Pledge

Strive Together:  Student Data Privacy: Best Practices

Privacy and Cloud Computing in Public Schools
Fordham Center On Law And Information Policy

Privacy: An Interpretation of the ALA Library Bill of Rights

Information for Students, Parents and Educators

Student Privacy
Spying on Students: School-Issued Devices and Student Privacy
Electronic Frontier Foundation

Learning To Be Watched: Surveillance Culture at School
National Educational Policy Center – University of Colorado at Boulder

Surveillance Self-Defense for LGBTQ Youth
Electronic Frontier Foundation

5 Back to School Privacy Tips for Parents of K-12 Students
Privacy Rights Clearinghouse

The Educator’s Guide to Student Data Privacy
ConnectSafely.org/Future of Privacy Forum

Protecting Privacy in Connected Learning Toolkit
CoSN – Consortium for School Networking

EPIC Student Privacy Project
Electronic Privacy Information Center

Privacy Technical Assistance Center
U.S. Department of Education

Sample Resources

The PTAC Toolkit (Best Practice Resources for data privacy, confidentiality, and security practices related to student-level longitudinal data systems)
Protecting Student Privacy While Using Online Educational Services (with video)
Checklist for Developing School District Privacy Programs (with video)
Policies for Users of Student Data: A Checklist

Protecting Your Child’s Privacy Online [Child Online Privacy Protection Act (COPPA) FAQ]
Federal Trade Commission

Educational Privacy
Privacy Rights Clearinghouse

National Coalition to Protect Student Privacy

Student Privacy 101
World Privacy Forum

Data Privacy:  Get Schooled
Free online course on the use of data in education that includes a discussion of privacy concerns.
Canvas Network

News and Viewpoints

Why Digital Education Could Be a Double-Edged Sword (Student Data Privacy)
PBS News Hour

Which Students Get to Have Privacy?
danah boyd

The Privacy Problem
Helen Adams, School Library Journal

When FERPA Fails to Make the Grade, States Rachet Up Student Privacy Laws
Khaliah Barnes, EPIC

Is Student Privacy Erased As Classrooms Turn Digital?
Christian Science Monitor

Why a Student Privacy Bill of Rights is Desperately Needed
Washington Post

White House backs student data privacy bill
The Hill

Privacy Bill May Fail Student Data Protection
A school data privacy bill may protect companies more than students.
U.S. News and World Report

Schools, Government Agencies Move to Share Student Data
Education Week

A Special Report on Student-Data Privacy
Education Week

Why Many Kids Are Leaving Social Networks
Christian Science Monitor

ACLU, Tenth Amendment Center Join Forces on Data Privacy
Education Week

Legislative Outlook

News Updates

More States Pass Laws to Protect Student Data

The Lowdown on Federal Student Data Privacy Legislation of 2015

Laws Enacted in the States, 2014-2015

California Student Online Personal Information Protection Act

Arkansas Student Online Personal Information Protection Act

Maine Student Privacy Information Act

Maine – An Act To Safeguard Students’ Personal and Private Information

Maryland Student Data Privacy Act of 2015

Nevada  – An Act relating to education; making various changes concerning policies governing data which includes information about
pupils that is maintained by the Department of Education

Nevada – An Act relating to education; requiring certain providers of electronic applications used for educational purposes to provide written disclosures concerning personally identifiable information that is collected

New Hampshire – An Act establishing privacy protections for student online personal information

Oregon –  Adopt specified standards related to student education records

Utah – Student Privacy Study

Virginia – Students’ Personally Identifiable Information

Virginia -School service providers; student personal information 

Washington – The Student User Privacy in Education Rights Act

Proposed Federal Laws

S.1322 – Protecting Student Privacy Act of 2015 (Sponsors: Senators Markey (D-MA), Hatch (R-UT) and Kirk (R-IL)

S.1341 – Student Privacy Protection Act (Sponsor: Senator Vitter, R-LA)

S.1563 – Do Not Track Kids Act of 2015 (Sponsor: Senator Markey (D-MA)

S. 1788 – Safeguarding American Families from Exposure by Keeping Information and Data Secure Act (Sponsors:  Senators Daines ( R-MT) and Blumenthal (D-CT)

H.R.2092 – Student Digital Privacy and Parental Rights Act of 2015 (Sponsors: Representatives Messer (R-IN) and Polis (D-CO).

H.R. 2734 – The Do Not Track Kids Act (Sponsor: Representative Barton (R-TX)

H.R.3157 – Student Privacy Protection Act  (Sponsors: Representatives Rokita (R-IN), Fudge (D-OH), Kline (R-MN), and Scott (D-VA)