Student data holds immense value. It reflects not only academic performance, but also includes sensitive details like a student’s health records, socioeconomic background, and online interactions — both academic and social. Mishandling or unauthorized access of this data can have profound consequences, including identity theft and emotional harm to the student involved.
Most students are children, so rules regarding their privacy are likely to be more strict and restrictive for both of those reasons. By the time students are at college- and university-level institutions, they are legal adults in many cases. However, because of their circumstances and the sensitivity of much of the data held about them, rules for access to and handling of their data can still be seen as similar to legal requirements for handling children’s data in some ways. Governments worldwide have implemented strict student privacy laws to mitigate these risks, focusing on safeguarding students’ rights and promoting responsible data practices.
These laws require educational institutions, technology providers, and administrators to implement robust safeguards for sensitive information. These requirements become ever more important as more schools implement third-party platforms and tools. Schools must understand these regulations and adopt effective compliance strategies to create secure, respectful environments that prioritize student privacy.
Why student data privacy matters
When a school collects information about a student, it takes on significant responsibilities. This data — ranging from enrollment forms and attendance records to financial documentation and the digital footprints students leave on learning platforms — requires careful management. Especially as it’s common for people in multiple departments to need access to it.
Protecting the privacy of student data goes beyond cybersecurity; it upholds principles of fairness, transparency, and accountability. Protecting this information means that:
- students can learn and thrive without fear of their personal details being exploited
- parents can trust institutions to respect their children’s privacy
- schools maintain their reputation and compliance with legal standards
Failing to prioritize privacy can lead to long-term repercussions. Sensitive data exposure, for instance, not only harms the people involved but also may expose institutions to legal penalties and reputational damage.
US federal laws that protect student data privacy
In the United States, federal laws establish standards for protecting student information while balancing the need for educational institutions to use data for academic and administrative purposes.
Below are some of the key federal laws that protect student data privacy.
Family Educational Rights and Privacy Act (FERPA)
FERPA is the foundation of student privacy rights in the United States. Passed in 1974, this law applies to all schools that receive funding from the U.S. Department of Education. You can think of FERPA as the guardian of student records, aiming to keep personal information protected.
Key FERPA rights include:
- accessing and reviewing one’s education record
- requesting corrections to inaccurate or misleading records
- the requirement that schools obtain written consent before sharing information, with certain exceptions
In practice, these rights mean a parent can safely review their child’s grades, or a student can securely send transcripts for college applications. FERPA requires that these processes respect privacy at every step.
While FERPA data compliance is a legal obligation, it’s also an ongoing commitment to safeguarding student data. This means that schools must inform families of their rights annually, train staff to handle records properly and maintain strong systems to protect sensitive information.
Protection of Pupil Rights Amendment (PPRA)
While FERPA protects educational records, the PPRA, addresses another critical area of student privacy: surveys and evaluations. In a world driven by data, the PPRA mandates that students’ personal information isn’t collected or used without proper consent and protections.
The PPRA requires parental consent for surveys and evaluations that touch on sensitive topics such as political beliefs, sexual behavior, or family income. It also restricts the collection of personal information for marketing purposes.
This means schools need to be transparent about data collection practices and give parents the tools to make informed choices about their children’s participation in surveys or research. The goal is to balance valuable educational research with respect for student privacy.
Children’s Online Privacy Protection Act (COPPA)
As classrooms become increasingly digitized, including the use of third-party platforms, the Children’s Online Privacy Protection Act (COPPA) is essential for protecting the privacy of students under 13. This law requires online services aimed at children to obtain parental consent before collecting personal information.
For technology companies who operate in the education industry, compliance with COPPA isn’t optional. They must prioritize privacy by including features like:
- clear and easy-to-understand privacy policies
- strong parental consent processes
- careful data handling and retention practices
Schools also play a key role in protecting the privacy of their students. They can provide consent on behalf of parents for educational purposes. But this comes with the responsibility of thoroughly evaluating edtech tools to ensure they’re used exclusively for learning purposes.
Children’s Internet Protection Act (CIPA)
Although not technically a student data privacy law, CIPA works alongside other regulations to promote safe internet use in schools and libraries. It mandates the use of internet filters and the adoption of safety policies to shield minors from harmful online content.
CIPA’s role in protecting student data privacy may be indirect, but it is vital. By providing a safer online environment and encouraging responsible digital habits, it helps minimize the risk of students accidentally jeopardizing their privacy through exposure to malicious content or other online threats.
US state-level student privacy laws
While federal laws set the foundation for student data protection, many states have enacted their own student and data privacy laws, often with stricter requirements. These state-level regulations play a significant role in shaping how schools and educational institutions manage student data. Here are a few key examples.
Illinois: Student Online Personal Protection Act (SOPPA)
SOPPA is one of the most comprehensive state-level privacy laws, aiming to safeguard student data in Illinois. It requires that both schools and their educational technology providers follow strict privacy guidelines.
- Educational technology providers must implement strong security measures to protect student data from breaches and unauthorized access.
- The use of student data for targeted advertising is banned to prevent commercial exploitation.
- Parents are guaranteed the right to access their children’s data that is held by edtech companies, providing them with transparency and control.
California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
While these laws aren’t designed specifically for student data, the CCPA and CPRA have significant implications for educational institutions in California. They provide students and parents with greater control over their personal information.
- Individuals have the right to know what data is being collected, request corrections, and even demand the deletion of their personal data.
- Students and parents can opt out of the sale of their data, which gives them more control over how that data is shared.
These laws apply to all businesses handling personal data from California residents, including schools that use educational technology services.
There is some legal complexity when it comes to the CCPA/CPRA and students and institutes of higher learning. First, the question of whether students are residents of California — and thus protected — was raised when the CCPA came into effect. Are they considered residents if they do not live in the state full-time, but are only there during the part of the year that they are in school? The answer could be yes, but is complicated by tax-related issues.
Additionally, the CCPA/CPRA does not apply to non-profit organizations, which many universities and comparable institutions largely are. However, under the laws, there is no clear definition of “profit” to clarify an institution’s status. Additionally, it has also been noted that such institutions cannot rely on the non-profit exemption status concerning their data privacy operations, especially as many of their third-party vendors who process students’ personal information will be subject to CCPA/CPRA.
New York’s Education Law 2-d
New York’s Education Law 2-d sets strict standards for how schools must protect and manage student data. It has several key requirements.
- Schools must establish clear policies for securing student data and using it only for educational purposes.
- The adoption of a “parents’ bill of rights” to outline how student data is collected, stored, and protected, promoting transparency and accountability.
- Educational agencies must regularly review their data practices and maintain compliance with privacy regulations.
The Texas Student Privacy Act
The Texas Student Privacy Act strengthens privacy protections for student data, particularly in digital learning environments. Here are some key provisions.
- Restrictions on the collection and sharing of student data, limiting it to what is necessary for educational purposes.
- Schools must get explicit consent from parents and students before sharing data with third-party vendors.
- Schools must implement strong security measures to protect student data from unauthorized access.
The Virginia Student Privacy Act
The Virginia Student Privacy Act focuses on securely handling student data and sharing it only when necessary. It includes the following.
- Requirements for schools to implement advanced security protocols to protect sensitive data.
- Limits on how third-party vendors can use student data that require its use only for educational purposes.
- Schools must obtain parental consent before sharing data with vendors, providing more control to families.
- Transparency in how student data is collected, used, and shared to keep parents fully informed.
EU student privacy laws
The European Union has implemented some of the world’s most strict privacy laws, with a strong emphasis on protecting personal data, including student information. These regulations set high standards for how educational institutions collect, use, and store data across the EU. Here’s what you need to know.
The General Data Protection Regulation (GDPR)
The General Data Protection Regulation (GDPR), introduced in 2018, has become a benchmark for data protection and privacy worldwide. While it doesn’t specifically target students, its broad scope includes EU residents generally, as well as educational institutions.
Key GDPR principles include:
- lawfulness, fairness, and transparency in data processing
- purpose limitation and data minimization
- accuracy and storage limitation
- integrity and confidentiality
For schools managing EU student data, GDPR compliance requires a shift toward a privacy-first approach in all aspects of data handling.
This includes steps like:
- appointing a Data Protection Officer (DPO), where required
- conducting Data Protection Impact Assessments (DPIAs)
- embedding privacy by design and default in data processes
- promoting clear and open communication about data practices with students and parents
The GDPR also emphasizes individual rights, giving students (or their parents, depending on the student’s age) greater control over their personal data. This includes the ability to access their data, request corrections, or, in certain cases, have their data deleted.
Other relevant global laws that protect students’ privacy rights
Other countries around the world have also introduced laws to protect students’ privacy rights in educational settings. These regulations aim to ensure that educational institutions handle student information responsibly and transparently.
Below is a list of a few key global student privacy laws. However, it is not exhaustive, and regional data privacy laws that may govern student data can vary considerably. It’s best to conduct research depending on the location of your offices and your target audience, and to consult with qualified legal counsel and/or a data privacy expert.
Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA)
PIPEDA, Canada’s federal privacy law for private sector organizations, plays a key role in protecting student confidentiality, particularly for private schools and educational service providers.
PIPEDA requirements state that educational institutions must:
- obtain informed consent for collecting, using, and sharing personal information
- limit data collection to what’s necessary for the stated purposes (data minimization)
- safeguard personal information with strong security measures
For educational institutions in Canada, compliance with PIPEDA means adopting strong data governance practices and maintaining transparency about how student data is collected, used, and protected.
Australia’s Privacy Act 1988
Australia’s Privacy Act governs the handling of personal information by both government agencies and private sector organizations. Its impact on student data privacy is significant, applying to both public and private educational institutions.
The Act establishes Australian Privacy Principles (APPs) for handling personal information. For schools, this means:
- collecting only necessary information
- securing personal data against unauthorized access
- enabling individuals to access and correct their personal information
For schools, compliance requires striking a balance between safeguarding privacy and using data to enhance educational outcomes, which calls for thoughtful strategies and strong privacy practices.
Brazil’s General Data Protection Law (LGPD)
Brazil’s General Data Protection Law (LGPD), inspired in good part by the EU’s GDPR, sets a clear framework for data protection that directly affects educational institutions. The law applies to any organization that processes personal data in Brazil, so schools and universities need to understand its implications for student privacy.
For educational institutions, the LGPD requires:
- explicit consent for collecting and processing student data
- providing students and parents rights over their personal data, including the ability to request its deletion
- the appointment of a Data Protection Officer in certain cases
To comply with the LGPD, schools must thoroughly review their data handling practices and establish privacy safeguards to protect students’ rights to privacy.
South Africa’s Protection of Personal Information Act (POPIA)
POPIA sets the standard for how personal information should be handled in South Africa, which impacts both public and private educational institutions.
For schools, this means:
- taking responsibility for the lawful processing of student data
- obtaining consent for collecting and using personal information
- providing clear and transparent privacy notices to students and parents
- implementing strong security measures to protect data
By adhering to these guidelines, South African schools can not only meet their legal obligations but also build trust with students and their families.
Best practices for educational institutions to comply with student privacy laws
Managing student data comes with a unique set of challenges, as institutions try to balance privacy with educational needs and complex network ecosystems. While the rules and regulations surrounding data privacy can seem complex, there are steps schools can take to comprehensively protect student information.
Conduct regular privacy audits
Privacy audits are a vital part of maintaining effective data protection. These reviews help schools identify risks, improve data management practices, and comply with privacy regulations.
Schools should document all data collection points and ways data is shared internally and with third parties, review their privacy policies, and compare current practices to legal requirements. Regular audits mean that schools stay proactive as laws and technology evolve.
Strengthen data security measures
Protecting student data requires strong security practices. Schools should encrypt sensitive information during storage and transmission to keep it safe from unauthorized access. Regular system updates and security patches reduce vulnerabilities, while strict access controls limit the handling of personal data to only authorized staff and partners. These measures form a solid foundation for safeguarding student information.
Train staff to be privacy-conscious
Staff play an essential role in maintaining data security. Providing regular training on the requirements of privacy laws and best practices helps everyone understand their responsibilities and how to carry them out. Ongoing education, paired with a culture that values data protection, empowers staff to handle student information with care and prevent potential breaches.
Create clear and transparent privacy policies
A well-written privacy policy fosters trust and helps families understand how and why their data is used. Schools should use simple, accessible language to explain what data is collected, why it’s needed, and how it will be protected.
Policies should be updated regularly and made easily available to students, parents, and staff. A clear policy reassures families and reflects the school’s commitment to privacy.
Obtain proper consent
Gaining consent is a foundational aspect of responsible data management. Schools should develop straightforward forms for data collection and obtain parental consent for minors when required.
Families should also have the option to opt out of non-essential data collection. Providing this kind of control and transparency when obtaining consent helps build trust and shows respect for individual rights.
Appoint a privacy officer
A dedicated privacy officer can streamline data protection efforts. This individual should stay updated on privacy laws, oversee data security practices, and serve as a point of contact for privacy-related concerns. Involving a privacy officer in decisions about technology and data policies helps keep privacy a priority across the school.
Vet edtech vendors carefully
When partnering with educational technology providers, schools must verify that vendors follow strict data protection standards. This includes reviewing their privacy policies, incorporating data security requirements into contracts, and conducting regular compliance checks.
By carefully selecting and monitoring vendors, schools can maintain control over how student data is handled.
Penalties for noncompliance with student privacy laws
Noncompliance with privacy laws can result in severe penalties, including fines and reputational damage. Repercussions can be even more serious when children’s data is compromised. GDPR violations, for example, can lead to penalties of up to EUR 20 million or 4 percent of annual turnover.
In the US, failure to adhere to FERPA or COPPA may result in the loss of federal funding and legal action. In addition, COPPA can impose fines of over USD 40,000 per violation for companies that do not comply with parental consent requirements for collecting data from children under 13.
How a consent management platform can help educational websites
Complying with student data privacy laws is essential for educational institutions to protect sensitive information, remain in good standing with authorities, and maintain trust with students and their families. These regulations, whether federal, state, or international, help ensure that data is handled responsibly.
To meet these requirements, schools can implement practices such as regular privacy audits, strong data security measures, and clear consent procedures. These steps not only promote compliance but also create a safe and supportive learning environment.
To make this process easier, a Consent Management Platform (CMP) can simplify compliance by streamlining consent management, and obtaining valid consent for data collection on school or university websites and apps.
With the right tools, schools can safeguard student privacy and stay ahead of legal requirements.