re: Education Data: Privacy Backlash Begins
[Reidenberg was dubious an opt-in mechanism would solve the problem. "The complexity and sophistication of the data uses would make it difficult for the average parent to know what they're consenting to," he said.]
I hadn't thought about Reidenberg's stated risks of opting in before. I know opt-in is administratively cumbersome but I hadn't thought about the risks to students & families.
Reidenberg is not putting down average parents. He is cautioning against the tricky wording of consent forms.
Until FERPA rules change again (I'm not saying they will) the inBloom data in question is non-consensually disclosable & parents do not have the legal right (under FERPA) to choose to opt-in or opt-out.
Even if EPIC is successful in their lawsuit against US ED, parents will not be able to opt-in or opt-out of these data disclosures.
Could a state law supersede the federal law regarding inBloom? I don't think so, however NYS could pull out of the pilot. And they should.
I have read about criticism of inBloom, NYC DOE & NYSED, Gates, Klein & Murdoch.
Why don't the press & parents ask Andrew Cuomo why he's keen on inBloom & even more important -- Common Core State Standards, since his ex-education secretary Wakelyn talked up CCSS in NY & then bolted. Wakelyn came from the National Governor's Association, the CCSS copyright holder.
All of the education products developed via inbloom have to be aligned to the CCSS.
A moratorium is needed on CCSS until NY can definitively say they can protect student data & there is recourse on the state level for breaches. CCSS data collection is extensive & inBloom is one part of the CCSS scheme.
Families & students currently have no private right of action & breaches do not have to reported under the FERPA.