The Center for Democracy & Technology submitted these comments to the U.S. Department of Education (ED) as part of ED’s review of Title IX, which protects students from discrimination on the basis of sex, gender identity, or sexual orientation. CDT urges ED to protect transgender and gender non-conforming students’ civil rights to privacy and the ethical, responsible use of their data.
In particular, ED should clarify that mandating the disclosure of a student’s transgender and gender-nonconforming status violates Title IX and also begin efforts to address the discriminatory effects of some algorithmic systems on lesbian, gay, bisexual, and transgender (LGBT) students.
CDT supports ED’s efforts to protect the rights of students based on their gender identity. We urge ED to adopt measures to protect student privacy, prevent discrimination, and ensure responsible, ethical data practices as an integral part of those efforts.