Policymakers Archive

Understanding Information Security and Privacy in Postsecondary Education Data Systems

May 12, 2017 | Educause

Understanding Information Security and Privacy in Postsecondary Education Data Systems

This paper outlines the information security and privacy challenges that exist within the national postsecondary education data infrastructure. It also introduces key language related to information security and privacy in order to provide a common lexicon to frame data protection discussions, describes the general technology architectures considered in the national postsecondary education data infrastructure, summarizes […]

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Hiding Behind Ivory Towers: Penalizing Schools That Improperly Invoke Student Privacy To Suppress Open Records Requests

May 12, 2017 | Georgetown University

Hiding Behind Ivory Towers: Penalizing Schools That Improperly Invoke Student Privacy To Suppress Open Records Requests

This article suggests the status quo gives institutions strong incentives to unlawfully deny open records requests through reliance on FERPA. Indeed, it makes economic sense for many of these institutions to overcomply with FERPA and undercomply with open records laws. To alleviate this problem, this Note proposes the imposition of penalties on schools that unreasonably withhold […]

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Failed Justifications: Why Privacy and Federalism Do Not Support the Ban on a Federal Unit-Record System

May 12, 2017 | Georgetown Law Journal

Failed Justifications: Why Privacy and Federalism Do Not Support the Ban on a Federal Unit-Record System

This article suggests that the ban on a federal unit-record system cannot be supported by appeals to either privacy or federalism. Because these arguments were not fully developed by the opponents of the unit-record system and were not even explicit in the case of federalism concerns it is useful to consider legal and normative arguments within each […]

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Data Privacy Issues: Know Your Rights and Responsibilities

May 12, 2017 | The National Association Of College and University Attorneys

Data Privacy Issues: Know Your Rights and Responsibilities

This paper offers a broad overview of the data privacy protection regime, as it applies to institutions of higher education. Part I provides an overview of the U.S. and international data privacy protection framework. Part II offers suggestions regarding ensuring compliance and minimizing risk of data breach. Finally, Part III provides some guidelines for handling […]

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May 12, 2017 | Educause

Just in Time Research: Data Breaches in Higher Education

This “Just in Time” research is in response to recent discussions on the EDUCAUSE Higher Education Information Security Council (HEISC) discussion list about data breaches in higher education. Using data from the Privacy Rights Clearinghouse, this research analyzes data breaches attributed to higher education. The results from this review will be used to inform EDUCAUSE […]

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College And University Data Breaches: Regulating Higher Education Cybersecurity Under State And Federal Law

May 11, 2017 | Journal of College and University Law

College And University Data Breaches: Regulating Higher Education Cybersecurity Under State And Federal Law

This article discusses the types of breaches commonly faced by higher education institutions and what steps these institutions can take to limit liability and properly respond to potential litigation. Part I will address how data breaches occur, and Part II will outline what kind of data breaches commonly affect colleges and universities, including examples of colleges and […]

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Educational Privacy in the Online Classroom: FERPA, MOOCs, and the Big Data Conundrum

May 11, 2017 | Harvard Journal of Law & Technology

Educational Privacy in the Online Classroom: FERPA, MOOCs, and the Big Data Conundrum

FERPA is so dated that when confronted with a technology that can collect and use big data, like MOOCs, the statute practically breaks down. This article examines the individual privacy concerns implicated by big data in general, assesses whether the privacy language of FERPA can address big data collection and analysis in the MOOC context, and […]

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Balancing Student Privacy, Campus Security, and Public Safety: Issues for Campus Leaders

May 11, 2017 | American Association of State Colleges and Universities

Balancing Student Privacy, Campus Security, and Public Safety: Issues for Campus Leaders

The purpose of this paper is twofold: to provide background information on student privacy and campus security, and to review best practices that college and university leaders may consider to help ensure that a system is in place to simultaneously maximize an open community and manage public safety preparedness and responsiveness. It is also intended […]

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The Promise and Peril of Predictive Analytics in Higher Education

May 11, 2017 | New America

The Promise and Peril of Predictive Analytics in Higher Education

In ‘The Promise and Peril of Predictive Analytics in Higher Education: A Landscape Analysis,’ authors Manuela Ekowo and Iris Palmer describe how predictive analytics are used in higher education to identify students who need extra support, steer students in courses they will do well in, and provide digital tools that can customize the learning process […]

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Predictive Analytics in Higher Education: Five Guiding Practices for Ethical Use

May 11, 2017 | New America

Predictive Analytics in Higher Education: Five Guiding Practices for Ethical Use

This report discusses the use of data in higher education, which are primarily used in the following ways: • Early-Alert Systems. In an early-alert system, flags are triggered based on academic and nonacademic data from students that signal when they may need additional support. Academic interventions may include tutoring, meetings with an adviser, or assigning a […]

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