Colorado Will Set National Bar on Student Data Privacy Protection

Yesterday, on May 5th, the Colorado House unanimously passed House Bill 1423, which prohibits educational software and app developers from collecting data that can be be assembled and directly linked to an individual student. The use of algorithms to piece together information and reassemble a student’s profile falls under the preventative measures. The Student Data and Transparency and Security Act takes into consideration what technology companies will be able to do with student data in the future, addressing parental concerns in the new digital age. Colorado’s legislation is considered to be path-creating since it addresses the continuous evolution of software and application capabilities.

The state board of education, department of education, school districts, boards of cooperative services, and charter schools are given additional responsibilities unter the bill that are aimed to increase the transparency and security of student personally identifiable information. Furthermore, apart from when required by state or federal law, information cannot be collected that is linked to a student’s juvenile delinquency records, criminal records, medical and health records, social security numbers, biometric information, and information concerning the political affiliations or the beliefs or attitudes of students and their families.

Student data is also prevented from being transferred to any other federal, state, or local entity, including to bodies or institutions outside of Colorado. Exceptions to the data transfer regulations include if the student enrolls in an out-of-state institution or is classified as a “migrant” for federal reporting purposes.

Denver-based journalist Joey Bunch follows the political scene in the state’s capitol, and will likely report on the outcome of the bill after the Senate vote.