Senators want to limit companies' use of student data

A proposal from two US lawmakers aims at personal data outsourced by public schools

Two U.S. senators want to prohibit companies from sharing students' personal data when advertising their products or services and require that organizations holding student data put data security safeguards in place.

A proposal from Senators Ed Markey, a Massachusetts Democrat, and Orrin Hatch, a Utah Republican, would largely regulate the use of student data by private companies. The Family Educational Rights and Privacy Act (FERPA) of 1974 generally requires public schools to get parental consent before sharing students' personal data with third parties, but lawmakers and some privacy groups have raised concerns in recent months that those protections are weakened when schools outsource data processing and other functions.

Markey and Hatch on Wednesday released a discussion draft of legislation called the Protecting Student Privacy Act. In addition to data protection and data-sharing rules, the proposal would allow parents to access personal information about their children held by private companies and change incorrect information.

The proposal would also require school districts to maintain a public record of all outside companies with contracts to handle student data, and requires private companies to delete a student's data after the student leaves the school contracting with the private company.

Markey questioned recent changes to FERPA in an October letter to the U.S. Department of Education. While efficient data collection and analysis of student records can help improve academic performance, "putting the sensitive information of students in private hands raises a number of important questions about the privacy rights of parents and their children," Markey wrote then.

Children's media and privacy watchdog Common Sense Media applauded the draft proposal.

"This legislative proposal would help clarify the rules of the road when schools share student data with private companies, and help ensure students' personal and sensitive information is safeguarded and not exploited for advertising or marketing purposes," Common Sense Media Founder and CEO Jim Steyer said in a statement. "The proposal would also clarify parents' rights to access and correct their children's records when they are stored by private companies, just like when they are held by schools."

Grant Gross covers technology and telecom policy in the U.S. government for The IDG News Service. Follow Grant on Twitter at GrantGross. Grant's email address is

Join the CSO newsletter!

Error: Please check your email address.

Tags U.S. SenatesecurityCommon Sense MedialegislationOrrin HatchgovernmentprivacyEd MarkeyJim Steyer

More about HatchIDG

Show Comments

Featured Whitepapers

Editor's Recommendations

Solution Centres

Stories by Grant Gross

Latest Videos

  • 150x50

    CSO Webinar: The Human Factor - Your people are your biggest security weakness

    ​Speakers: David Lacey, Researcher and former CISO Royal Mail David Turner - Global Risk Management Expert Mark Guntrip - Group Manager, Email Protection, Proofpoint

    Play Video

  • 150x50

    CSO Webinar: Current ransomware defences are failing – but machine learning can drive a more proactive solution

    Speakers • Ty Miller, Director, Threat Intelligence • Mark Gregory, Leader, Network Engineering Research Group, RMIT • Jeff Lanza, Retired FBI Agent (USA) • Andy Solterbeck, VP Asia Pacific, Cylance • David Braue, CSO MC/Moderator What to expect: ​Hear from industry experts on the local and global ransomware threat landscape. Explore a new approach to dealing with ransomware using machine-learning techniques and by thinking about the problem in a fundamentally different way. Apply techniques for gathering insight into ransomware behaviour and find out what elements must go into a truly effective ransomware defence. Get a first-hand look at how ransomware actually works in practice, and how machine-learning techniques can pick up on its activities long before your employees do.

    Play Video

  • 150x50

    CSO Webinar: Get real about metadata to avoid a false sense of security

    Speakers: • Anthony Caruana – CSO MC and moderator • Ian Farquhar, Worldwide Virtual Security Team Lead, Gigamon • John Lindsay, Former CTO, iiNet • Skeeve Stevens, Futurist, Future Sumo • David Vaile - Vice chair of APF, Co-Convenor of the Cyberspace Law And Policy Community, UNSW Law Faculty This webinar covers: - A 101 on metadata - what it is and how to use it - Insight into a typical attack, what happens and what we would find when looking into the metadata - How to collect metadata, use this to detect attacks and get greater insight into how you can use this to protect your organisation - Learn how much raw data and metadata to retain and how long for - Get a reality check on how you're using your metadata and if this is enough to secure your organisation

    Play Video

  • 150x50

    CSO Webinar: How banking trojans work and how you can stop them

    CSO Webinar: How banking trojans work and how you can stop them Featuring: • John Baird, Director of Global Technology Production, Deutsche Bank • Samantha Macleod, GM Cyber Security, ME Bank • Sherrod DeGrippo, Director of Emerging Threats, Proofpoint (USA)

    Play Video

  • 150x50

    IDG Live Webinar:The right collaboration strategy will help your business take flight

    Speakers - Mike Harris, Engineering Services Manager, Jetstar - Christopher Johnson, IT Director APAC, 20th Century Fox - Brent Maxwell, Director of Information Systems, THE ICONIC - IDG MC/Moderator Anthony Caruana

    Play Video

More videos

Blog Posts