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EdTech and Privacy of Student Information: A Case Study
- A class action lawsuit was filed against Instructure, alleging violations of children's privacy rights by collecting extensive student data beyond what is considered an education record.
- Instructure's terms mentioned using student information to personalize user experience and offer data-derived student 'insights' for recruitment, raising transparency concerns.
- Companies need transparent policies if data may be used for marketing or other purposes to avoid misleading statements and possible legal issues.
- The complaint highlighted Instructure's statements on privacy practices, emphasizing the importance of aligning public statements with actual privacy approaches.
- Instructure's use of APIs for third-party access to granular student data was critiqued for lacking clear communication to consumers about data sharing.
- Consumers may struggle to provide informed consent due to complex policies, suggesting the need for more understandable terms to prevent 'no consent' claims.
- The evolving role of EdTech raises questions about privacy and constitutional rights, with private tech companies like Instructure potentially being deemed state actors in handling student data.
- The digital transformation in education technology calls for clear boundaries between public and private entities regarding data management and privacy regulations.
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