Protecting Student Privacy in California: What You Need to Know
A breakdown of California's laws governing the collection, use, and disclosure of student data.
every industry needs a leader
•
empower the leader in you
•
every industry needs a leader • empower the leader in you •
California has enacted several laws to safeguard the privacy of student information, making it one of the strictest states in the nation regarding student data protection. These laws impose significant obligations on schools and third-party vendors who collect, use, or disclose student data.
Key California Laws Governing Student Data Privacy
California Education Code (CEC) Section 49070: This section prohibits schools from disclosing student information to third parties without parental consent, except for certain limited purposes, such as law enforcement investigations or to comply with court orders.
California Consumer Privacy Act (CCPA): While primarily focused on protecting the personal information of California residents, the CCPA also applies to student data. It grants students and their parents certain rights regarding their data, including the right to know what data is collected, the right to delete data, and the right to opt-out of the sale of data.
Student Online Privacy Protection Act (COPPA): Although a federal law, COPPA has significant implications for California schools. It prohibits operators of websites or online services directed at children under 13 from collecting personal information from children without parental consent.
Third-Party Vendor Obligations Under California Law
Third-party vendors who contract with California schools to collect, use, or disclose student data must comply with the following requirements:
Obtain Parental Consent: Vendors must obtain verifiable parental consent before collecting personal information from students.
Provide Notice of Data Practices: Vendors must provide clear and comprehensive notice to parents about how they will collect, use, and disclose student data.
Implement Security Measures: Vendors must implement reasonable security measures to protect student data from unauthorized access, use, or disclosure.
Prohibit Retargeting Advertising: Vendors are generally prohibited from using student data to target advertising to individual students.
Data Deletion: Vendors must delete student data upon request from parents or when the data is no longer needed for the authorized purpose.
Additional Considerations
The California Privacy Rights Act (CPRA): This recent amendment to the CCPA expands the rights of individuals, including students, regarding their personal information. It includes new provisions related to data minimization, sensitive personal information, and the right to correct inaccurate information.
School District Policies: Schools may adopt additional policies to further protect student data privacy, which may impose additional requirements on third-party vendors.
Conclusion
Navigating the complex landscape of California student data privacy law can be challenging for schools and third-party vendors. Understanding the key laws and regulations, obtaining necessary parental consent, implementing robust security measures, and providing transparent notice to parents are essential steps to ensure compliance and protect student privacy.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
