Managing learner’s data privacy

To What Extent Can Managers in Educational Organizations Expose Learner’s Information

1. Introduction

Education organizational leaders are facing one challenge to solve the controversy of leaner’s data privacy owing to the big debate on policy and ethics versus consent. The current state of ensuring the privacy of student data in school through policies is facing opposition despite its long time integration in the education system. Through the policy, students’ right to privacy is conditional, and even in those conditions, students do not have the right to negotiate.Even though different policies, for example, the Family Rights and Privacy Act of 1974 ensures privacy of leaner’s data, the need for educational leaders and institutions to share such information makes the data vulnerable. However, even the policies themselves put the data at risk since they have provisions to expose students’ data, for example, to public health offices. Most of those offices do not use the data in the right way, risking leaner’s privacy. One side of the controversy is advocating the use of consent to allow students or parents on behalf of the underage to enable sharing of their data with claims that policies and ethics are not secure strategies. The other side is advocating for update policies to align with the current technological trend claiming that consent is insecure due to manipulation by educational institutions, leaders, and those seeking leaner’s information from institution heads. The easy project will research and explore arguments from both sides to recommend strategies for finding a solution to the disagreement.

1. Student’s data privacy
2. The trend in student’s data -There is a trend in the increase in student’s data, which schools are storing in their records (El-Khattabi, 2017).
3. Impact of technology on student’s data -Technology is leading to an increase in the amount and number of their parties who need student’s data (Stahl & Karger, 2016).
4. Role of educational organization Leaders on student’s privacy -Leaders in educational organizations have to assess third parties in determining how they will use leaner’s data and holding them responsible(Hoel & Chen, 2018).

• Current policies on Student’s data privacy

1. Value of the policies in ensuring student data privacy- Policies ensures that educational organization leaders share information with people who will handle them in a responsible manner (Krueger & Moore, 2015).
2. Strengths of the policies in ensuring student’s data privacy- Policies are strong since they regulate the sharing of personally identifiable information (Institute of Education Sciences [IRS], 2010).
3. The weakness of the policies in ensuring student’s data privacy- Application of policies in student’s data privacy is weak due to dependence on institutions and culture (Krueger & Moore, 2015).
4. Impact of technology on student’s data privacy policies- Technology weakness policies further due to the ease of sharing student’s data without updated regulations (Doce & Ching, 2018)
5. Consent in sharing student’s data
6. Role of consent on student’s data privacy- Consent through parents ensures objective assessment of individuals and institutions requesting student’s data (Stahl & Karger, 2016).
7. Strength of consent in ensuring student’s data privacy- Consent approach to permitting sharing of student data helps in confirmation that the data will not harm a student (National Center for Education Statistics [NCES], 1997).
8. The weakness of consent in ensuring student’s data privacy- Consent is weak in providing students’ data privacy due to parents’ inability to assess legitimate third parties (Hoel & Chen, 2018).
9. Strategies on how to deal with the disagreement
10. Merging the opposing sides to have policies and consent at the same time
11. Conclusion

The controversy on student’s data sharing and security exists through the fact that while there is a need to ensure privacy, sharing is also beneficial to learners. The argument from both sides attempts to show how the other one does not guarantee confidentiality and additional benefits to the leaners. However, the debate is constructive since it aims at raising the level of privacy and benefits at the same time. It is not easy to fully restrict access to leaners data due to its wide application to develop education and social life. There is an option of merging the two sides to end the controversy since they are both constructive. Having policies and consent process at the same time will raise the level of security on data since parents will also have a chance in addition to educational organization leaders to assess their parties.

Annotated Bibliography

Auxier, B., Rainie L., Anderson M., Perrin A., Kumar M., & Turner, E. (2019). Americans and privacy: concerned, confused, and feeling a lack of control over their personal information. Retrieved from https://www.pewresearch.org/internet/2019/11/15/americans-and-privacy-concerned-confused-and-feeling-lack-of-control-over-their-personal-information/

Auxier et al. (2019), finds that the majority of 4272 interviewed US adults argued that it is essential to share student’s information with other institutions to allow improvement and support in education. Policies o education and trust enable sharing of information since educational institutions can assess and receive request form supportive bodies. However, trusting so much that educational organization leaders will share such data with the right people leads to the exposition of leaner’s privacy. Most of such leaders and requesters of information are not faithful and will provide and use the data in the wrong way. It is hard to trust on policies as well as those meant to observe their implementation is protecting leaner’s privacy.

The source is essential in my study since it analyses and presents weaknesses of policies in ensuring student’s privacy. The article shows that policies are not valid due to the untrustworthiness of those entrusted with their implementation. It will help in evaluating arguments from supporters and those who oppose policies in ensuring learner’s privacy.

 

Doce, L. J. P., & Ching, M. R. D. (2018, June). RA 10173 and its challenges to Philippine state universities and colleges’ compliance performance: the case of Mindanao State University-General Santos City. In Proceedings of the 2nd International Conference on E-commerce, E-Business, and E-Government (pp. 69-73).

Doce & Ching (2018) finds that most of the guidelines which colleges and universities follows in sharing leaner’s information do not comply with the policies. However, even those whoabide by the policies, they expose leaners privacy to third parties. Even thoughthe Data Privacy act pushes educational institutions into using technology to store student’s data, it does not follow policies to regulate sharing through technology. Leaders in educational organizations are likely to share and expose learners’ privacy due to a lack of updated policies regulating the storage and use of technologically stored information. It is hard for educational institutions to ensure learner’s privacy without parent’s intervention to consent to any data request, whether in school records or with students.

The source is important for my study since it provides information to assess controversy on leaners data policy on both sides. It shows the value as well as limitation of policies while advocating parent’s consent on any request by third parties to use student’s data. It will help in the exploration of the strength of approval as well as weaknesses of policies to develop a solution.

 

El-Khattabi, M. (2017). Mining for success: Have student data privacy and educational data mining created a legislative war zone. U. Ill. JL Tech. & Pol’y, 511.

El-Khattabi (2017), in the article,reports that parents are against cloud storage of student’s data. They argue that although they recognize control over the use of student’s data, they fear that the current policies are not strong enough to ensure privacy. There are no proper strategies to ensure that educational organization leaders do not expose the data to their parties who do not deserve them. Furthermore, education institutions do not have data security regulations for third parties, and leaders are likely to provide private data due to a lack of proper law and security systems. The article cites that parents should have control over who accesses their children’s data, which schools store.

The source is important for my study since it provides arguments against policies in ensuring that educational organization leaders safeguard student’s privacy.It exposes the challenges which face current policies and the anticipated problems making consent the best option to student’s privacy. The source will guide the development of a solution for the controversy.

Hoel, T., & Chen, W. (2018). Privacy and data protection in learning analytics should be motivated by an educational maxim—towards a proposal. Research and Practice in Technology Enhanced Learning, 13(1), 20.

According to Hoel & Chen (2018), cultural and legal factors weakens the value of policies in ensuring the privacy of student’s personal information. Legal regulations, which are the bases of policies, are complex, developing through diverse economic, philosophical, and political ideas. Most of the policies protecting leaner’s data expose such information to different institutions and individuals who benefit the political class. Furthermore, the cultural structures do not allow strict policies since those high in social class benefit from exposed learner’s data. The definition of illegal exposition of data varies across cultures as opposed to a universal concept. Consent is more valuable in protecting leaner’s data since parents or students will be able to assess how the third party will use their private information.

The source is informative in the research project since it informs about the weakness of policies in helping educational organization leaders ensure leaner’s data privacy. It also informs on the reason for supporting consent as a strategy in which educational organizations can ensure leaner’s data privacy. As a result, it guides in support ofapproval and against policies.

Institute of Education Sciences [IRS] (1997).Protecting the privacy of student education records. Retrieved from https://nces.ed.gov/pubs97/web/97859.asp

The article exposes Family Educational Rights and Privacy Act (FERPA), arguing about is high level and most effective policy in protecting student’s privacy. According to the FERPA, educational institutions and their leaders can release leaner’s information but only under legally defined purposes. Leaners and parents, on the other hand, have the right to view records that institutions store to ensure that there is no misrepresentation. Apart from the FERPA law, individual states adopt different policies to make it stronger. FERPA defines the various data that educational institutions should protect and through the law to avoid confusion leading to leaked privacy.

The article by the Institute of Education Sciences is essential for the study through its fact on the value of policies in ensuring student privacy. It provides an example if a policy and shows the various ways through which the policy ensures student’s privacy. Facts from the article will help in assessing counterarguments from those who support the application of consent in ensuring leaner’s privacy.

 

Institute of Education Sciences [IRS] (2010). Statistical methods for protecting personally identifiable information in aggregate reporting. Retrieved from https://nces.ed.gov/pubs2011/2011603.pdf

The Institute of Education Sciences [IRS] (2010) notes that there is an increase in student’s data which educational institutions are collecting and storing. However, there is a challenge in securing the data due to divergent strategies of acquiring and storing the information. The changes are occurring at a fast rate compared to the creation and adjustment of policies. IRS, however, states that despite the challenge, policies are capable of safeguarding the privacy of students once adjusted. The institute provides some of the strategies through which the current policies are protecting learners’ privacy, including regulation on the information which educational; organizations should share.

The article by IRS is an essential source for the project since it provides facts about how policies can protect student’s privacy. It will help in assessing arguments from either side of the controversy. The facts about the effectiveness of strategies will, on the other hand, guide in suggesting a solution for the debate between policies and consent in ensuring leaner’s privacy.

 

Krueger, K. R., & Moore, B. (2015). Backtalk: Only trust can allay data privacy concerns. Phi Delta Kappan, 97(2), 80-80.

Krueger & Moore (2015), in their study on student’s data privacy, argues that despite the educational organization’s leaders’ efforts, current policies are risking leaner’s information. The current laws do not address emerging privacy needs with the development of computer technology. Most of the [polices were applicable at the time when there were no computers and, therefore, they do not restrict the use and storage approaches to learner’sinformation. Despite the outdated nature of policies, the state is adding more details to update them instead of developing new laws that align with the information technology. However, even with update policies, there will be a risk to leaner’s identifiable information due to the effect of mistrust and processes which develop such legal guidelines. The only remedy to student data privacy is consent through parents and leaners who are above adult age.

The article is essential in the project since it provides points to discredit the application of policies and shows how consent is the best approach to leaner’s data privacy. It will help in the development of the argument on the value of consent and show how those against policies are defending their position.

National Center for Education Statistics [NCES] (1997). Guidelines for education agencies: National Forum on Education Statistics. Retrieved from https://nces.ed.gov/pubs97/97527.pdf

According to the National Center for Education Statistics [NCES] (1997), individuals and institutions requesting student’s data that policies such as FERPA do not inform should have consent from parents. The report recognizes that policies do not address regulations on all data that institutions and individuals might seek from educational institutions. Educational organization leaders should send such requesters to parents as the only way to ensure that student’s data is safe. Even when the school has such kind of student’s private information in its records, parents should take part in deciding whether to share the data.

The article is valuable in the project since it provides an analysis of how consent helps to ensure student’s privacy. It shows the weakness in policies explaining that they cannot be standalone without the incorporation of parents to consent on behave of their children. The source will help supporting arguments from those who argue the benefits and value of consent.

 

Singh, D., & Ramutsheli, M. P. (2016). Student data protection in a South African ODL university context: risks, challenges, and lessons from comparative jurisdictions. Distance Education, 37(2), 164-179.

Singh and Ramutsheli (2016) observe that ethical and legal considerations in place to prevent student’s data are weak and do not align with current trade-in information systems. The policies are not strict on who should access student’s data leading to privacy questions. However, Singh and Ramutsheliobserve that plans are essential since they only allow the sharing of information in which educational institutions qualify benefits to learners. They only require updating to ensure that the existing loopholes do not make leaner’s data vulnerable to access by criminal third parties.

The article is valuable for my study through its informative nature on the value of policies. It provides information that helps to assess those against policies by comparing their claims with the pointed out challenges. The source will help in the assessment of alternatives to develop a solution for data privacy in educational organizations’ controversy.

 

Stahl, W. M., & Karger, J. (2016). Student Data Privacy, Digital Learning, and Special Education: Challenges at the Intersection of Policy and Practice. Journal of Special Education Leadership, 29(2), 79-88.

Stahl & Karger (2016) argue that the use of technology in handling and sharing learners’ data is valuable to improve the education system, especially for learners with disabilities. However, such sharing should follow a legal procedure to ensure privacy and minimal misuse of personally identifiable data. Using student data in different research is one way through which schools can risk leaner’s privacy, especially where such information gets in the hands of criminals. It is a severe issue for students with disabilities due to the severe consequences of their emotions and victimization. There is a need for a review of the current federal and state policies, which regulates student’s data sharing to increase privacy as technology grows. Polices will help in ensuring privacy while 1allowing sharing of data for leaner’s benefits.

The article provides valuable information for the research on the risk which policies of student’s data privacy expose. It shows the negative side of policies as well as the positive side to help in supporting arguments against the use of consent strategies. The article further provides one of the reasons why policies should stay, an important debate to consider while proposing an approach to solve the controversy.

References

Auxier, B., Rainie L., Anderson M., Perrin A., Kumar M., & Turner, E. (2019). Americans and privacy: concerned, confused, and feeling lack of control over their personal information. Retrieved from https://www.pewresearch.org/internet/2019/11/15/americans-and-privacy-concerned-confused-and-feeling-lack-of-control-over-their-personal-information/

Doce, L. J. P., & Ching, M. R. D. (2018, June). RA 10173 and its challenges to Philippine state universities and colleges’ compliance performance: the case of Mindanao State University-General Santos City. In Proceedings of the 2nd International Conference on E-commerce, E-Business, and E-Government (pp. 69-73).

El-Khattabi, M. (2017). Mining for success: Have student data privacy and educational data mining created a legislative war zone. U. Ill. JL Tech. & Pol’y, 511.

Hoel, T., & Chen, W. (2018). Privacy and data protection in learning analytics should be motivated by an educational maxim—towards a proposal. Research and Practice in Technology Enhanced Learning, 13(1), 20.

Institute of Education Sciences [IRS] (1997).Protecting the privacy of student education records. Retrieved from https://nces.ed.gov/pubs97/web/97859.asp

Institute of Education Sciences [IRS] (2010). Statistical methods for protecting personally identifiable information in aggregate reporting. Retrieved from https://nces.ed.gov/pubs2011/2011603.pdf

Krueger, K. R., & Moore, B. (2015). Backtalk: Only trust can allay data privacy concerns. Phi Delta Kappan, 97(2), 80-80.

National Center for Education Statistics [NCES] (1997). Guidelines for education agencies: National Forum on Education Statistics. Retrieved from https://nces.ed.gov/pubs97/97527.pdf

Singh, D., & Ramutsheli, M. P. (2016). Student data protection in a South African ODL university context: risks, challenges, and lessons from comparative jurisdictions. Distance Education, 37(2), 164-179.

Stahl, W. M., & Karger, J. (2016). Student Data Privacy, Digital Learning, and Special Education: Challenges at the Intersection of Policy and Practice. Journal of Special Education Leadership, 29(2), 79-88.

 

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