In today's world, even the youngest members of our communities face privacy threats. When students and their parents were asked to provide their social security numbers for longitudinal data studies, we focused the legislative debate on the highly personal nature of this data, and its potential to be used, misused, and manipulated in a variety ways of dangerous ways.
We fought hard in the legislature to ensure both that this is an opt-in program (meaning it's voluntary - students and parents do not have to provide social security numbers to public schools even when asked) and that parents be adequately informed of the opt-in nature and the risks of participation.
The opt-in nature of the program and the requirement for notification to parents echo the values underlined in the federal Privacy Act (Public Law 93-579), which found privacy to be a personal and fundamental right protected by the US Constitution, and acknowledged that when government agencies collect, use, and disseminate private information, privacy is put at risk.
This week, the Maine Department of Education sent a letter to school districts containing recommended language for use in notifying parents about the social security collection program. The recommended language fails to meet the spirit of true informed opt-in. As all good teachers do with their students, we are encouraging individual school districts to go beyond the minimal recommended by the Dept. of Education, and instead, to explain the program to parents in a way that ensures they understand the risks of turning over their child's sensitive personal data.
We are already getting good feedback from educators who support the privacy rights of their students and the rights of parents to make informed decisions.
Read more in our press release (below).
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ACLU of MAINE Concerned About Overuse of Social Security Numbers Recommends Caution to School Districts Across the State
August 11, 2010
Contact – Brianna Twofoot
Today, the ACLU of MAINE advised Maine’s public school superintendents to supplement their annual privacy notifications to parents with an additional explanation of the risks associated with social security numbers. The letter was sent in response to an Administrative Letter from the Maine Department of Education to school districts initiating a controversial Social Security number collection policy. That letter contains its own recommended language, which the Maine Civil Liberties Union feels does not go far enough.
In 2009, the Maine Department of Education sought authority to request Social Security numbers from all students enrolled in Maine schools, in order to conduct a longitudinal data study. The Legislature agreed, but only on the condition that the Department explain to parents that disclosure of the numbers is optional, and that the numbers would not be used for the study unless parents (or students over 18) provide written consent. To this end, the Department’s suggested language includes four short sentences as an explanation, following six paragraphs explaining the benefits of social security number collection.
“The statute says that the parental notification must include an ’explanation,’” said ACLU of MAINE Field Director Brianna Twofoot, “but the Department’s suggested language does not go far enough. Without an explicit description of the potential for loss of privacy and identity theft, parents and students cannot make an informed decision about participation in this voluntary program.”
At the beginning of each school year, schools are required to inform parents of students’ privacy rights under the Family Education Rights and Privacy Act (FERPA). In a letter to superintendents (see attached), the ACLU of MAINE urged superintendents to include language in this yearly notice that thoroughly explains a students’ right to privacy, the risks associated with sharing your social security number and the voluntary nature of the Department’s program.
“Even the most secure databases are subject to breach, and theft of social security numbers can lead to identity theft,” said ACLU of MAINE Executive Director Shenna Bellows. “A proper explanation would inform parents of privacy risks associated with social security numbers and the benefits of keeping our most personal information private.”
The debate over the Social Security law was heated, and it continues still. Over the summer, RSU #44 passed a resolution urging the Maine legislature to repeal the law, citing the Veteran’s Affairs Administration security breach of 26.5 million social security numbers when a disc containing sensitive information was stolen in 2006. The ACLU of MAINE has urged other school committees to consider similar action.
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