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SMU Science and Technology Law Review

Abstract

Connectivity has come to define a new generation, with kids today comprising a large sector of the online community. With most of their days spent at school, it is no surprise that the 21st-century classroom has become a playground in the digital sense, with districts growing increasingly reliant on “EdTech” platforms that promise high-impact solutions to an industry entrusted with laying the foundations of the next generation. As the “big data” movement continues to progress, the education sector will continue to reinvent itself alongside the chance to discover new efficiencies and create new opportunities for timely feedback, individualized instruction, and collaborative learning. However, the demand for efficiency and overreliance on technology in the education sector may expose unwitting students to the risks associated with predictive analytics and data mining practices. This comment explores the tension between the benefits of education technology and the risks that it poses to student privacy, analyzing the current legal landscape of data privacy as these State and Federal regulations relate to minors in the United States. While specific federal laws, like COPPA and FERPA, exist to protect students online in some capacity, their effectiveness is diminished by the dynamic nature of technological growth, the legal regime desperately needing reform to adequately address the threats posed to students in the modern era. Though some states have begun to take more serious steps towards regulating education technology, the state of U.S. student data privacy is at a crossroads, requiring significant cooperation between parents, schools, the government, and the education technology industry to balance efficiency with the rights of children.

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