ERIC Number: ED585306
Record Type: Non-Journal
Publication Date: 2016-Mar
Pages: 9
Abstractor: ERIC
ISBN: N/A
ISSN: N/A
EISSN: N/A
Available Date: N/A
Protecting Student Privacy While Using Online Educational Services: Model Terms of Service
Privacy Technical Assistance Center
In February 2014, the Privacy Technical Assistance Center (PTAC) issued guidance titled "Protecting Student Privacy While Using Online Educational Services: Requirements and Best Practices." This Model Terms of Service document is intended to further assist schools and school districts in implementing that guidance. In a traditional contracting process, the buyer and seller mutually agree on a set of terms and then sign a contract reflecting those terms. However, many providers of online educational services and mobile applications (i.e., vendors, contractors, and other service providers) instead rely on a Terms of Service (TOS) agreement that requires a user to click to accept the agreement in order to access the service or application for the first time. These types of agreements are commonly referred to as "Click-Wrap" agreements. Once a user at the school or district clicks "I agree," the set terms will likely govern what information the provider may collect from or about students, what they can do with that information, and with whom they may share it. Depending on the content, Click-Wrap agreements may lead to violations of the Family Educational Rights and Privacy Act (FERPA), the Protection of Pupil Rights Amendment (PPRA), or other laws, as well as privacy best practices. PTAC offers this guidance to schools and districts to help them evaluate potential TOS agreements, and to offer direction regarding terminology frequently used in these agreements. By understanding commonly used provisions, schools and districts will be better able to decide whether to consent to a Click-Wrap or other TOS agreement for online educational services and mobile applications. The best practice recommendations may also assist providers by suggesting approaches that better protect student privacy. [To view the article "Protecting Student Privacy While Using Online Educational Services: Requirements and Best Practices," see ED585281.]
Descriptors: Privacy, Student Records, Contracts, Educational Legislation, Best Practices, Information Security, Guidelines, Data Collection, Information Utilization, Information Dissemination, Access to Information
Privacy Technical Assistance Center. Tel: 855-249-3072; e-mail: PrivacyTA@ed.gov; Web site: https://studentprivacy.ed.gov/
Publication Type: Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: Student Privacy Policy Office (SPPO) (ED/OPEPD), Privacy Technical Assistance Center (PTAC)
Identifiers - Laws, Policies, & Programs: Family Educational Rights and Privacy Act 1974
Grant or Contract Numbers: N/A
Author Affiliations: N/A