Protection of Pupil Rights Amendment

Question 1

Sector

Answer 1

Education

Question 2

Year passed/amended

Answer 2

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

Question 3

Original Purpose

Answer 3

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

Question 4

Primary requirements

Answer 4

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

Question 5

Entities subject to the law

Answer 5

All elementary and secondary schools that receive federal funding

Question 6

Term for relevant PII or regulated data

Answer 6

Personal information

Question 7

Definition of relevant PII or regulated data

Answer 7

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)

Question 8

Civil or criminal?

Answer 8

Civil only

Question 9

Enforcing authority - civil

Answer 9

Department of Education

Question 10

Penalties - civil

Answer 10

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)

Question 11

Private right of action?

Answer 11

Yes (Section 1983 right)

Question 12

Preemption?

Answer 12

No (nothing to preempt?)

Question 13

FIP Individual Rights addressed

Answer 13

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

Question 14

Notice provisions

Answer 14

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

Question 15

Exceptions for notice

Answer 15

None

Question 16

Choice and consent provisions

Answer 16

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?)

Question 17

Exceptions for consent

Answer 17

None

Question 18

FIP Information Controls addressed

Answer 18

None

Question 19

FIP Information Lifecycle Provisions addressed

Answer 19

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

Question 20

Collection/disposal requirements

Answer 20

Must have a collection policy created with parental input

Question 21

Use and retention requirements

Answer 21

Must have a policy created with parental input

Question 22

Disclosure requirements

Answer 22

Opt-in consent required for disclosure to third parties

Question 23

Right to list of disclosures?

Answer 23

No

Question 24

FIP Information Management Principles addressed

Answer 24

Administration (not monitoring and enforcement)

Question 25

Administration requirements

Answer 25

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