Monday, October 7, 2013

Is Student Privacy Hopeless? | Crazy Crawfish's Blog

Is Student Privacy Hopeless? | Crazy Crawfish's Blog:

Is Student Privacy Hopeless?

Posted on October 6, 2013
(This will be a long one, and has some ranting folks, so buckle up.)
Is student privacy hopeless?
Sadly, this may be little more than a rhetorical question after the last week of horrible setbacks on the student privacy front. I’ve been gathering information and leads for months now, researching some, and holding onto others. I was hoping some of these issues would become non-issues if EPIC, the Electronic Privacy Information Center, was successful in their lawsuit against the US Department of Education’s change to FERPA that allows vendors to use student data and resell it as they see fit, for any reason and without parents or students having any rights or say in the matter. Unfortunately the lawsuit was thrown out because the courts did not believe EPIC had the standing to bring the suit.
But Judge Amy Berman Jackson of U.S. District Court in Washington issued summary judgment for the Education Department, ruling that the plaintiffs have not suffered any real legal injuries stemming from the regulations and thus they lack legal standing to bring their suit.
In order for someone to have “standing”, they must first be victimized. When that happens it won’t be one child affected. The data being transmitted and bartered belongs to every child on any DOE