A Tale of Two Federal Student Data Privacy Bills

“A Tale of Two Federal Student Data Privacy Bills” measures the Student Digital Privacy and Parental Rights Act (SDPPRA) and Family Educational Rights and Privacy Act (FERPA) discussion draft across several areas – ease of implementation, transparency, penalties, protection-technology balance, and restrictions on third parties. According to NASBE Director of Education Data and Technology Amelia Vance, SDPPRA would regulate education technology providers in a way that appropriately balances the need for data security with the need to use data to improve instruction, while the FERPA draft has not yet achieved that balance. Vance also notes that both bills neglect a critical area of student data privacy: training and capacity building: “Congress cannot effectively protect student data without investing in building the capacity of teachers, principals, and other stakeholders to use that data safely,” Vance writes.