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Privacy and the Digital Student

School districts across the country have embraced education technology (“EdTech”) as a means for enhancing school operations and classroom instruction. While the practice of collecting student data is not new – K-12 schools and institutions of higher education have been gathering and reporting test scores, grades, retention records, and the like for years – the means by which student…

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Letter to Article 29 Working Party on the Right to Be Forgotten

The Article 29 Working Party recently met with representatives from the major search engine operators to discuss the implementation of the Court of Justice of the European Union’s decision that search engines have an obligation to remove links to pages containing personal information about Europeans when informed that this information is “no longer relevant” or otherwise amounts to a burden on the person’s data protection rights. CDT sent a letter to members of the Article 29 Working Party, urging them to provide clear and consistent guidelines for responding to link-removal requests and to develop procedural safeguards to prevent these “right to be forgotten” mechanisms from being abused.

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CDT Comments on COPPA Proposed Rule

The Federal Trade Commission’s proposed revisions to the Children’s Online Privacy Protection Rule include a number of recommendations for changes to the COPPA regime. This proposed Rule responds to, and in some cases incorporates, recommendations made during the public comment process that began in 2010. In the proposed Rule, the Commission properly rejects the recommendations of some commenters to expand COPPA‘s scope to cover older minors or general-audience websites; these suggestions would radically expand the scope of COPPA and would impinge on the First Amendment rights of older minors and adults.

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Situating Children’s Privacy within a Comprehensive Privacy Framework

Washington is experiencing a “Privacy Spring”: the online privacy debate has been rejuvenated and for the first time in over a decade, privacy is back on the policy table. Both the Federal Trade Commission (FTC) and the Department of Commerce have issued reports setting out robust frameworks for privacy protections, bills are being introduced in Congress, and the Obama Administration has announced support for baseline privacy legislation. Not surprisingly, teenagers have become a focal point of the current debate over online privacy, tracking, and advertising. In this piece, I argue that concerns about teen privacy will best be addressed through a strong comprehensive privacy law that requires adherence to Fair Information Practices by all commercial entities, including advertisers, that collect and use personal data.

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