The Matrix

As schools increasingly are adjusting to remote learning and utilizing education technology (“ed tech”) services, both schools and their ed tech service providers need to consider the appropriate collection and usage of student personal information.  Here are some tips for protecting students’ privacy and safeguarding personal data:

New York’s Stop Hacks and Improve Electronic Data Security Act (the “SHIELD Act”) took effect on March 21, 2020.  The Act expands existing state breach notification requirements and imposes specific data security protections for covered businesses that own or license the private information of New York residents, regardless of whether those businesses are based in New York. The Act also broadens the definition of “private information” to include new types and combinations of data.

On March 31, 2020, Washington Senate Bill No. 6280 (the “Act”) became law, codifying one of the most detailed facial recognition regulations in the country. The Act regulates state and local government agencies in Washington using or intending to develop, procure, or use a facial recognition service but also includes important considerations for companies designing this technology.