Join us this month as we will discuss how to protect student educational data as well as considerations to weigh in deciding whether to pay the ransom for a cyber attack or not.
On February 26, the U.S. Department of Education issued guidance aimed at assisting schools and school districts when considering whether the use of online educational services and mobile applications complies with student privacy laws. The guidance consisted of two main components. First, the Department published a document entitled Protecting Student Privacy While Using Online Educational Services: Model Terms of Service, which evaluates common privacy-related provisions in online Terms of Service and analyzes how they comply with student privacy requirements. Second, the Department produced a user-friendly, 10-minute training video directed to K-12 administrators, teachers, and staff about schools’ privacy obligations when using online educational services and applications. Finally, the guidance encourages school administrators to check the Student Privacy Pledge when considering whether to use online educational services in the classroom.
The Department of Education recently released a fourteen-page guidance document that intensifies the pressure on school districts, schools, and higher education institutions to examine and confirm the sufficiency of the procedures they use when engaging a service provider to host or process student data. A recent Hogan Lovells Education and Privacy Alert analyzes this guidance, through which the department has put entities covered by student privacy laws on notice of its expectations regarding their responsibilities when entering into these arrangements. Service providers who store and process student data on behalf of school districts and schools should therefore carefully consider the guidance and how it may affect the market for their services and the contractual demands from their education customers.