New Markey-Hatch Federal Student Privacy Legislation is Unnecessary

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SIIA today issued a press release on the introduction of the “Protecting Student Privacy Act” by Sens. Edward Markey (D-Mass.) and Orin Hatch (R-Utah).

The current framework of robust federal regulations, industry best practices and binding contracts provides strong student privacy protections.  With these three layers of protection, we can give students access to revolutionary learning technology while ensuring that their information is used only for educational purposes. New federal student privacy legislation is not needed at this time.

The Markey-Hatch legislation is well-intended, but it contains provisions, such as a prohibition against the use of student information for targeted advertising, that already exist in current law and regulation. Other provisions, such as those related to data destruction, might not be workable in practice.

We share the privacy protection goals of Senators Markey and Hatch, but it’s critical to ensure that any new rules do not inadvertently create obstacles to the effective use of information. Innovative education technology is essential to improving education for all students and to ensuring U.S. economic strength in an increasingly competitive global environment.

Mark Mark MacCarthy, Senior Vice President, Public Policy at SIIA, directs SIIA’s public policy initiatives in the areas of intellectual property enforcement, information privacy, cybersecurity, cloud computing and the promotion of educational technology. Follow Mark on Twitter at @Mark_MacCarthy.