Student Private Data Being Sold? College Board Sued in Class Action Lawsuit
College Board Sued for Allegedly Selling Student Private Data
A class action lawsuit was filed recently in the U.S. District Court of Illinois against the College Board. The suit claims the College Board has been collecting and selling student private data utilizing the Student Search Survey program to gather the data in a deceitful manner.
Data Privacy and the College Board
With technology advances and the ease in data dissemination tech giants like Facebook often make headlines related to the handling and collection of personal data. However, for decades, the College Board which has been trusted to develop and administer student Advanced Placement Exams, the SAT, PSAT, etc., has been collecting the private data of students through its Student Search Survey since the 1970s.
It has been a well-known, expected, and likely trusted process for parents, teachers, and students alike to feel that providing information through the Student Search Survey is safe. And, there are varied laws in place to help protect student private data. So, the College Board, a nonprofit, should be expected to safeguard sensitive information from students and minors.
College Board Use of Student Private Data
The lawsuit alleges the College Board gathered personal student information using unfair and deceptive trade practices. The complaint claims the College Board misrepresented its purpose for collection of the student information, its use and sale of student data, as well as caused students to trust that opting in to provide their personal information would increase and improve their chances of college admission and financial assistance.
The College Board has not yet filed an answer to the lawsuit, but the College Board has maintained that it doesn’t sell student private data. However, in its own Privacy Statement it indicates that for a “license fee” qualified colleges, universities, educational organizations, etc. can “use” the student’s private information.
So, is the licensing of information ok, but not the sale? And what’s the real difference if the information is being shared? One would question whether the College Board has a right to license the minor student data it collects without a clear opt-in process that’s more than simple notice that the Student Search Survey is optional. The lawsuit claims the actions of the College Board violate its own Data Privacy Principles, which includes a transparency clause.
Transparency in Data Privacy Laws
The outcome of this case is certain to have an impact on data privacy compliance as it relates to students and minors. While there are both state and federal laws that are supposed to protect children, there is little authoritative guidance and regulations/policies are open to interpretation. Such is the case with the College Board and its own policies which the class action suit claims are misleading in the handling of student private data.
The collection of personal data in some manner has become almost necessary in most daily transactions. With technology advances and the trending push for smart technology, use of biometric data, and minors in the mix, it’s important that individuals, parents, teachers, and advocates pay attention to privacy policies and ask questions if in doubt. It’s easy to opt not to read the fine print or simply assume that an organization is complying with data privacy laws. However, data privacy violations occur often, even if by accident, mistake, misinterpretation of policies.
Key Takeaways on the College Board Lawsuit
With the College Board having been obtaining minor student information through its Student Search Survey for decades, it may come as a surprise that the handling of the data is being questioned now. As the case proceeds, it will be interesting to see how:
the College Board responds to the allegations;
the case affects the manner in which student private data is handled in the future; and
schools and parents react and/or seek for any change in privacy regulations.
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