Protecting Student Privacy Act of 2017
The source supplies the latest action, but no lifecycle stage.
Latest action (6 Apr 2017): Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
What this bill does
This bill, the Protecting Student Privacy Act of 2017, would amend existing law, the Family Educational Rights and Privacy Act of 1974. It would prohibit the Department of Education from providing funds to educational institutions that have not implemented specific information security policies. These policies would need to protect students' personally identifiable information (PII) and ensure that any outside parties receiving PII also have comprehensive security programs.
The bill defines "outside party" broadly to include contractors and consultants. It also prohibits institutions from using PII from education records for advertising or marketing purposes. Furthermore, any outside party with access to student records would have to provide parents access to the PII they hold, establish a process for challenging or correcting inaccurate data, and maintain a record of who requests or obtains access to student records.
S. 877 was introduced in the Senate in April 2017 and has not advanced beyond this initial stage. If passed by both the Senate and the House of Representatives, it would then be sent to the President for signature into law.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Protecting Student Privacy Act of 2017
This bill amends the Family Educational Rights and Privacy Act of 1974 to prohibit programs administered by the Department of Education from making funds available to any educational agency or institution that has not implemented information security policies that: (1) protect personally identifiable information (PII) from education records, and (2) require each outside party to whom PII from education records is disclosed to have a comprehensive security program to protect such information.
An "outside party" is defined as a person that is not an employee, officer, or volunteer of the educational agency or institution or of a government agency. The term includes any contractor or consultant acting as a school official or authorized representative or in any other capacity.
The bill prohibits such funds from being made available to any educational agency or institution that has a policy or practice of using, releasing, or providing access to PII to advertise or market a product or service.
State agencies receiving such funds, and each educational agency or institution, must ensure that any outside party with access to such records: (1) provides parents access to any PII it holds about their students; (2) provides a process to challenge, correct, or delete any inaccurate, misleading, or inappropriate data through a hearing by the agency or institution providing the outside party with access; (3) maintains a record of all individuals, agencies, or organizations that have requested or obtained access to the education records of a student; and (4) has information security procedures in place.
The bill prohibits funds from being made available to any educational agency or institution, or any state educational agency, unless the agency or institution has a practice that: (1) promotes data minimization by meeting requests for student information with non-PII; and (2) requires that PII held by any outside party be destroyed when the information is no longer needed for the specified purpose.
Educational agencies and institutions must maintain a record of all outside parties that request or obtain access to a student's education records. Such a record must describe the information shared and indicate specifically the party's legitimate interest in obtaining this information.
Timeline
6 Apr 2017
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Common questions
- What does S. 877 do?
- This bill, the Protecting Student Privacy Act of 2017, would amend existing law, the Family Educational Rights and Privacy Act of 1974. It would prohibit the Department of Education from providing funds to educational institutions that have not implemented specific information security policies. These policies would need to protect students' personally identifiable information (PII) and ensure that any outside parties receiving PII also have comprehensive security programs. The bill defines "outside party" broadly to include contractors and consultants. It also prohibits institutions from using PII from education records for advertising or marketing purposes. Furthermore, any outside party with access to student records would have to provide parents access to the PII they hold, establish a process for challenging or correcting inaccurate data, and maintain a record of who requests or obtains access to student records. S. 877 was introduced in the Senate in April 2017 and has not advanced beyond this initial stage. If passed by both the Senate and the House of Representatives, it would then be sent to the President for signature into law.
- Has S. 877 become law?
- The source does not supply a confirmed lifecycle stage for S. 877. Check the latest action and official source below.
- Who sponsored S. 877?
- S. 877 was sponsored by Sen. Markey, Edward J. [D-MA] (D-MA), with 1 cosponsor.
- What's the latest action on S. 877?
- Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (6 Apr 2017).
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