Introduction
Protecting children’s privacy is crucial due to their vulnerability and limited understanding of online risks. Online predators pose a significant threat, and breaches can have a severe psychological impact. Privacy safeguards children from identity theft and the lifelong consequences of online sharing. Respecting privacy fosters trust and complies with legal obligations.
Many countries have laws and regulations to protect children’s online privacy, such as the Children’s Online Privacy Protection Act (COPPA) in the United States. Complying with these regulations helps ensure that companies and online platforms create a safe environment for children. CIPA, COPPA, and FERPA are federal laws to keep students safe online, let’s see how they work together.
CIPA – Children’s Internet Protection Act
In the year 2000, the US federal government enacted the Children’s Internet Protection Act (CIPA) with the aim of safeguarding children from indecent online content and ensuring the privacy of students’ personal information. Under CIPA, schools receiving e-rate funds must implement and maintain filters to block inappropriate content. It also requires measures to protect children using email, chat, and similar tools. Although there is an allowance to disable the filter when only adults use the network, this is rarely done as children are typically present in schools during adult hours.
School IT professionals play a crucial role in ensuring compliance with CIPA. They are responsible for reviewing policies and procedures to configure and maintain Internet filters, manage firewalls, and limit access to email and chat based on local policies. They also protect children using the school’s IT systems during system updates or device replacements. Monitoring the functionality of CIPA-compliant systems is essential, and IT professionals must define appropriate steps to take in case of system failures.
CIPA mandates the district to adhere to the following requirements:
● Implement a “technology protection measure” (Internet filter) to block access to visual content considered “obscene,” “child pornography,” or “harmful to minors” on all Internet-connected devices.
– The filter may be disabled for adults for legitimate research or other lawful purposes.
– “Minor” is defined as an individual who is under the age of 17.
● Establish and enforce an Internet Safety Policy that addresses:
– Monitoring online activities.
– Ensuring the safety and security of all direct electronic communications.
– Preventing unauthorized online access, including hacking and unlawful activities.
– Safeguarding against unauthorized disclosure of personal identification information.
● Provide education to students regarding appropriate online conduct, emphasizing Digital Citizenship. District staff, including teachers and support staff, have the responsibility of overseeing student use of district technology resources and educating them about appropriate online conduct.
● Failure to comply with CIPA may lead to the district losing its eRate funds.
COPPA – Children’s Online Privacy Protection Act
Since 1998, the Children’s Online Privacy Protection Act (COPPA) has been a US law designed to safeguard children’s privacy and personal information, imple. It mandates that websites collecting user data must obtain parental consent for children under 13 years old. This law has prompted social media companies to restrict access for children on their platforms. While enforcing age restrictions can be challenging, web platform companies, particularly those facilitating user interactions, adjust their terms of service and privacy statements to comply with COPPA’s requirements.
As a result of COPPA, most schools, especially those with students under 13, implement procedures to identify approved online platforms for teachers. Before allowing students to use a new online tool, teachers may need to review the terms of service to ensure compliance. Education leaders assess the appropriateness of granting access, and publishers of the site align with local policies and procedures accordingly.
COPPA requires operators (online service providers, website operators, etc.) to adhere to the following guidelines:
– Provide parents with notice if they wish to collect personal information from a child, specifying the type of information, the purpose of collection, and how parents can give or revoke consent.
– Obtain verifiable parental consent before collecting, using, or disclosing information from children under age 13.
– Schools can obtain parental consent on the operator’s behalf if the information is used only for school purposes.
– Operators must directly obtain consent from parents if they want to use data collected from schools for commercial purposes.
– Handle disclosures to third parties responsibly.
– Maintain a clear and easily understandable Privacy Policy on their website, detailing operators collecting or maintaining personal information from children, the type of information collected (active or passive), the potential uses of the information, disclosures to third parties, and parents’ rights to limit consent and review/delete their child’s personal information.
– Retain personal information only for a reasonable period and ensure proper protection against unauthorized access during disposal.
FERPA
FERPA, the Family Educational Rights and Privacy Act, grants parents certain rights regarding their children’s education records. These rights are transferred to the student when they turn 18 or attend a postsecondary institution. Such students are known as “eligible students.” Under this federal law, parents have the right to access their children’s school records.
The Act also allows parents or eligible students to request corrections to any inaccurate or misleading information in the school records. If the school denies the request, a formal hearing can be requested, and the individual can add a statement expressing their perspective on the disputed information.
In general, schools need written consent from parents or eligible students before disclosing any information from a student’s education record. However, FERPA provides exceptions where disclosure can be made without consent, including cases involving school officials with legitimate educational interest, transfers to other schools, audit or evaluation purposes, financial aid applications, certain studies on behalf of the school, accrediting organizations, compliance with legal orders or subpoenas, health and safety emergencies, and within the juvenile justice system according to specific State laws.
Notably, “directory” information like a student’s name, address, phone number, birth date, honors, awards, and attendance dates can be disclosed without consent. Nevertheless, schools must inform parents and eligible students about directory information and offer them a reasonable opportunity to opt-out of such disclosures. Additionally, schools must annually inform parents and eligible students of their rights under FERPA, with the specific means of notification left to each school’s discretion.
