decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Microsoft erects 150foot high statue of Janus | 176 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Microsoft erects ... aka "K-12 student database ..."
Authored by: Anonymous on Saturday, March 09 2013 @ 03:41 AM EST

I wonder if the creators of that database realize that it is a giant, ticking, data bomb. Why ? Because the transfer of a minor child's SSN from a school district computer to a non-school district computer without the express, written permission of a parent or guardian is a breach of privacy. Personally, I take the stand that the only schools with access to student SSN's should be military or public safety (e.g. police or fire depts.) because that's part of your job record.

I find it equally worrisome that a minor's health records could be part of the database. Even a minimal flag (e.g. standard / fast / slow / special) could be abused via unauthorized release or typo. Flagging someone who is "standard" as "slow" or "special" could trigger a defamation suit.

Federal officials say the database project complies with privacy laws. Schools do not need parental consent to share student records with any "school official" who has a "legitimate educational interest," according to the Department of Education. The department defines "school official" to include private companies hired by the school, so long as they use the data only for the purposes spelled out in their contracts.

The Dept. of Education spokesperson is probably not very familiar with the state of California. [A] The state constitution has an explicit right to privacy in it. [B] No school in Calif. will consider weasel words like those in the above quote a sufficient shield against lawsuits. A class action lawsuit over privacy could run into the hundreds of millions of dollars and might even bankrupt some school districts.

P.S. All U.S. citizens should minimize the spread of their SSN's. RESIST LAZY DATA AGGREGATION !

[ Reply to This | Parent | # ]

Microsoft erects 150foot high statue of Janus
Authored by: Anonymous on Saturday, March 09 2013 @ 09:14 AM EST
Very appropriate as M$ really is a two faced company.

[ Reply to This | Parent | # ]

...and here's the other face.
Authored by: Anonymous on Saturday, March 09 2013 @ 11:31 AM EST
Student Privacy Should Not Be for Sale

6 Mar 2013 5:39 PM

Posted by Cameron Evans

National & Chief Technology Officer of U.S. Education, Microsoft

How would you react if you learned that an outside agency came to your child’s school and, without your knowledge or consent, collected confidential data about your child and then used the data they gathered to make money for themselves? Would you be upset? As a parent, I believe the answer is resoundingly “yes.”

In our view, this is unacceptable. We don’t let advertising and marketing representatives come into schools to watch, listen and take away data on student interactions in the classroom so they can market to children, and we shouldn’t let that happen in the virtual world either. Cloud Services providers selling to schools and colleges should be transparent about how they use the data they collect, and get clear consent for the data they collect and use.

Student data and student privacy should not be for sale. Period.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )