Ongoing Threat to Children’s Data in the American Education System

Written by Julie Libby, Class of 2022 


Privacy regulations have been strengthening worldwide in recent years, but regulations continue to fall short regarding children’s data in K-12 education, specifically in the United States. Under current federal law, children’s privacy receives only face-level protections by not requiring protective measures to defend the mass collection of this class of vulnerable and valuable data. Future student privacy regulations are possible by creating a reliable structure to minimize threats experienced by students nationwide through evaluating leading federal and state laws, perceived inadequacies in recommended minimums, and developing trends at the state level. In the end, Congress bears the responsibility to enact mandatory minimum protections that effectively assume that even if a breach occurs, it was not due to the lack of sufficient protection.

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