Protection of Pupil Rights Amendment Flashcards

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1
Q

Sector

A

Education

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2
Q

Year passed/amended

A

1978; broadened as part of No Child Left Behind (2001)

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3
Q

Original Purpose

A

Protect minors’ sensitive personal information, which was being sold to financial institutions

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4
Q

Primary requirements

A

Notice and opt-out rights regarding surveys that collect sensitive student information (minors only)

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5
Q

Entities subject to the law

A

All elementary and secondary schools that receive federal funding

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6
Q

Term for relevant PII or regulated data

A

Personal information

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7
Q

Definition of relevant PII or regulated data

A

Includes:

(a) political affiliation
(b) mental and psychological problems
(c) sex behavior and attitudes
(d) illegal, antisocial, self-incriminating and demeaning behavior
(e) critical appraisals of close family members
(f) legally recognized privileged or analogous relationships
(g) religious practices/beliefs/affiliations of student or parents
(h) income (except to determine eligibility or financial assistance for a program)

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8
Q

Civil or criminal?

A

Civil only

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9
Q

Enforcing authority - civil

A

Department of Education

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10
Q

Penalties - civil

A

Primary enforcement mechanism is withholding federal funding. However, generally DOE works with noncompliant institutions to bring them into voluntary compliance (it has never actually withheld funds based on a violation)

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11
Q

Private right of action?

A

Yes (Section 1983 right)

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12
Q

Preemption?

A

No (nothing to preempt?)

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13
Q

FIP Individual Rights addressed

A

Notice, choice and consent (no access, whatever that would mean in this context)

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14
Q

Notice provisions

A

Requires parent notice of all surveys collecting sensitive information (content and projected date of collection). Also requires parental notice of disclosure policies.

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15
Q

Exceptions for notice

A

None

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16
Q

Choice and consent provisions

A

Opt-out consent required for all such surveys, and for disclosure for commercial purposes.

Opt-in consent required for disclosure to third parties (how does this fit with the above?)

17
Q

Exceptions for consent

A

None

18
Q

FIP Information Controls addressed

A

None

19
Q

FIP Information Lifecycle Provisions addressed

A

Collection/disposal, use and retention, disclosure (i.e. all of them)

20
Q

Collection/disposal requirements

A

Must have a collection policy created with parental input

21
Q

Use and retention requirements

A

Must have a policy created with parental input

22
Q

Disclosure requirements

A

Opt-in consent required for disclosure to third parties

23
Q

Right to list of disclosures?

A

No

24
Q

FIP Information Management Principles addressed

A

Administration (not monitoring and enforcement)

25
Q

Administration requirements

A

Must enact policies regarding collection, disclosure, or use of personal student information for commercial purposes.
Must allow parents to review surveys before they’re administered