Overview

Title

To establish a rule of construction regarding consent for disclosure of personally identifiable information under the Family Educational Rights and Privacy Act of 1974.

ELI5 AI

In this bill, schools are told not to share students' personal information, like their names and addresses, without permission, especially when checking if they are voting. This helps keep students' details private and safe from being used without their consent.

Summary AI

S. 5197, known as the “Student Voter Data Protection Act,” aims to protect student privacy under the Family Educational Rights and Privacy Act (FERPA) of 1974. It clarifies that schools cannot share a student's personally identifiable information, such as directory details, for the purpose of assessing voter registration or voting rates without the necessary consent as specified by existing regulations. This bill ensures that student data is safeguarded against unauthorized use for voting-related research or analysis.

Published

2024-09-25
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-09-25
Package ID: BILLS-118s5197is

Bill Statistics

Size

Sections:
2
Words:
290
Pages:
2
Sentences:
9

Language

Nouns: 98
Verbs: 25
Adjectives: 6
Adverbs: 5
Numbers: 13
Entities: 22

Complexity

Average Token Length:
4.53
Average Sentence Length:
32.22
Token Entropy:
4.65
Readability (ARI):
19.60

AnalysisAI

General Summary of the Bill

The proposed legislation, known as the "Student Voter Data Protection Act," seeks to amend the Family Educational Rights and Privacy Act of 1974 (FERPA). The main purpose of this bill is to establish a rule that educational institutions cannot release personally identifiable information about students for the purpose of evaluating voter registration or voting rates without obtaining the proper consent from the students. The legislation emphasizes compliance with existing regulations regarding consent as specified in Section 99.30 of Title 34 of the Code of Federal Regulations.

Summary of Significant Issues

One notable issue with the bill is the lack of clarity surrounding what constitutes "required consent" for the disclosure of personally identifiable information. By referencing Section 99.30 of Title 34, it assumes stakeholders already understand what specific actions are necessary to achieve compliance. This ambiguity may lead to various interpretations among educational institutions, increasing the risk of inconsistent applications.

Additionally, the inclusion of the phrase "or any successor regulations" introduces a layer of uncertainty. Future changes to the regulations may alter what is required for consent, potentially leading to a shift in compliance obligations without explicit input or approval from the legislative process. Furthermore, the absence of any mention of consequences or enforcement mechanisms could diminish the overall effectiveness of the rule, allowing educational institutions to potentially bypass the requirements without facing clear repercussions.

Impact on the Public

Broadly speaking, this bill is designed to protect student privacy by placing limits on how educational institutions can use student data in relation to voter registration assessments. If effectively implemented, it could reinforce the privacy rights of students by ensuring that their personally identifiable information is not disclosed without explicit consent, thus fostering a sense of trust in how educational bodies handle sensitive information.

On the other hand, the ambiguities and potential loopholes mentioned may compromise the bill's intent, making it challenging to ensure that student data remains protected. If institutions misinterpret the required consent provisions or fail to comply strictly due to a lack of enforcement, students' personal information might be at risk of misuse.

Impact on Specific Stakeholders

Students: This bill is primarily aimed at strengthening the privacy of students' personal data. By requiring consent before disclosing information related to voter registration, students have greater control over their information. However, the benefits hinge on how clearly and consistently the regulations are applied.

Educational Institutions: Schools and universities will need to navigate the requirements laid out by this bill, potentially increasing administrative tasks to secure proper consent from students. Institutions may also face dilemmas due to ambiguities in the legislation, which could complicate compliance efforts.

Policymakers and Privacy Advocates: While the bill aligns with the goals of protecting personal data, policymakers and privacy advocates must scrutinize its provisions to ensure its effectiveness. Addressing the bill's ambiguities and lack of enforcement strategies might require additional legislative work or guidance to fulfill its intended purpose.

Overall, the "Student Voter Data Protection Act" aims to safeguard students' privacy but faces challenges due to its current lack of specificity and enforcement guidance. These issues must be addressed to ensure the bill provides comprehensive protection as intended.

Issues

  • The amendment in Section 2 lacks specificity regarding what constitutes the required consent for disclosure of personally identifiable information according to Section 99.30 of title 34, Code of Federal Regulations. This ambiguity could lead to inconsistent interpretations and applications across educational institutions, potentially exposing student data to misuse or violating privacy rights.

  • Section 2's reference to 'or any successor regulations' introduces uncertainty about future requirements for consent, as changes to regulations could alter compliance expectations without explicit legislative oversight.

  • The absence of specified consequences or enforcement mechanisms in Section 2 for educational institutions that improperly disclose information without the required consent reduces the potential efficacy of the rule, possibly leading to non-compliance and insufficient protection of student privacy.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of this Act gives it the name "Student Voter Data Protection Act," indicating the primary focus of the legislation.

2. FERPA Rule Read Opens in new tab

Summary AI

The amendment to the Family Educational Rights and Privacy Act (FERPA) clarifies that schools cannot share a student's personal information for assessing voter registration or voting rates without the student's consent, as required by existing regulations.