Steps would be taken to safeguard the personal information of pre-K-12 students that schools store in electronic records under bipartisan legislation introduced on April 10 by U.S. Sen. Steve Daines (R-MT).
The Safeguarding American Families from Exposure by Keeping Information and Data Secure (SAFE KIDS) Act, S. 2640, would establish clear guidelines for how operators – defined in the bill as those providing online and similar services to educational agencies, institutions or programs – must protect the privacy and security of personally identifiable information, among other purposes, according to a draft of the bill provided by the senator’s staff. U.S. Sen. Richard Blumenthal (D-CT) cosponsored the bill.
“It takes control of student data away from operators and places it back where it should be and that’s in the hands of parents and the students themselves,” Sen. Daines said about his proposed measure on the floor of the U.S. Senate. “This is a smart, timely and important bill. Our children’s information shouldn’t be used and abused. I encourage and I ask my colleagues to join me in support of the SAFE KIDS Act.”
If enacted, S. 2640 also would permit the Federal Trade Commission (FTC) to direct and enforce collection, storage and usage of covered information, according to a statement from the senator’s staff, which noted that existing federal protections for student data, including those now used by the FTC, are insufficient.
The FTC’s authority under S. 2640 builds on previous efforts, according to a one-page bill summary provided by Sen. Daines’ office. A working group in 2014 was tasked with strengthening student data privacy that subsequently led to development of a Student Data Privacy Pledge. S. 2640 complies with security measures found in the pledge, which consists of voluntary principles aimed at ensuring the security and privacy of student information, according to the summary.
“Today our children’s most personal information is stored on their computers and smart devices,” Sen. Daines said. “As a father of four children, I understand the importance of making sure kids, parents and schools have the power to safeguard kids’ private information.”
Specifically, S. 2640 would prohibit the collection, use or disclosure of student data for targeted advertising, according to draft text, and would prohibit operators from disclosing all personally identifiable information without complying with the act. Additionally, operators would be required to ensure the security of such covered information.
The proposal also would require operators to get consent from schools about the types of covered information collected or generated, what the information would be used for, and the identity of any third parties to receive the information, among other provisions listed in the summary.
S. 2640 also includes provisions that aim to promote innovation, according to the bill summary, and it proposes that de-identified student data could be used to improve educational products and to advance research into the science of learning under the bill.
Toward enhanced transparency, S. 2640 would require operators to delete a student’s record within a “reasonable time” if parents so requested, or within two years of inactivity by a student. Parents also would have the ability to access and correct their children’s information, according to the text.
“We have a responsibility to protect student privacy and student data as technology becomes an increasingly important tool in the classroom,” said Montana Superintendent of Public Instruction Elsie Arntzen, speaking in support of the bill. “This requires strengthening partnerships between families and schools. At the Office of Public Instruction, we work to protect student privacy every day and I thank Sen. Daines for his efforts to keep students safe at the federal level.”
Sen. Daines, a longtime advocate of protecting student data, introduced an earlier version of the SAFE KIDS Act in July 2015, his staff said. The 2018 version has been referred to the U.S. Senate Commerce, Science, and Transportation Committee for consideration.