The Legal Blog

Hi, I'm RANDI.

I'm a BUSINESS ATTORNEY

I help my clients secure their business success by providing easy to understand legal guidance in a supportive environment, so they can focus on achieving their full potential.  

About RANDI

SEARCH BY Category

agreements

business formation

business operations

coronavirus

intellectual property

MINDSET

social media

Coronavirus and Small Business Law Series: Protecting the Privacy of Children’s Images in Online Learning

online learning

share this article:

COVID 19

THE CORONAVIRUS AND SMALL BUSINESS LAW SERIES

This blog post series provides key legal practices to help secure your business success during the Coronavirus pandemic.

With this knowledge, you can return to what you do best – your service or product.

Today’s topic:  Protecting Children’s Privacy in Online Learning

 

phoneWhile scrolling through Facebook last week,  I came upon a teacher’s post sharing a joyful moment teaching an online learning class. 

How heartwarming to read stories of students adapting to the “new normal” online classroom.  On the surface, this seems like the perfect uplifting post. However, the teacher included a snapshot of her virtual class with all students’ faces.  

Most would find this absolutely adorable.

The lawyer in me gasps!

 

The coronavirus pandemic has forced school closures everywhere. To keep our young generation learning, remote classrooms came to the rescue. Billions of children and teachers are now interacted through online learning.

Let’s be sure to protect the privacy of those children.

 

“Right to privacy is really important. You pull that brick out and another and pretty soon the house falls.”

– Tim Cook

 

Topic #6: Protecting the Privacy of Children’s Recorded Images in Online Learning

child laptop

CHILDREN’S IMAGES IN ONLINE LEARNING : THE LAWS

Aside from State Privacy Laws, the  recording of online classes may be subject to the Children’s Online Privacy Protection Rule (“COPPA”) as well as the Family Educational Rights and Privacy Act (FERPA). 

The Children’s Online Privacy Protection Act (COPPA) gives parents control over personal information collected from their children online.   Personal information identifies an individual.  It can be an image, video or audio recording.  COPPA thus regulates the recording of children during online learning.

The Family Educational Rights and Privacy Act (FERPA) applies to educational institutions funded by the U.S. Department of Education. FERPA gives parents rights with respect to their children’s education records.  Video recordings of virtual classrooms qualify as “education records.”

 

CHILDREN’S IMAGES IN ONLINE LEARNING : STEPS TO PROTECT 

Do you just love checklists?  Follow these steps to protect your students, your teachers, and your business.

privacy checklistNotice to Parents 

Before you record your classroom instruction, notify the parents/guardians of your students.  Actually, notify the parents/guardians before recording any online interaction with a child.  This includes, for example, video chat tutoring.

Verifiable Parental Consent   

Be sure to obtain verifiable parental permission for any and all recording.   In simple terms, be sure each parent signs a parental release with a verified signature.  Include intended and permissible purposes.

Use Only Within Purpose

Only use the recording for the intended purpose.  Any other use requires separate permission.  Do not, for example, post on social media, use in marketing campaigns, or share with non-students without parental permission.

Parental Access to Review

Allow parents access to review any recordings.  Also, allow them to request deletion of a recording.  

Security Measures

Maintain the confidentiality, security, and integrity of any recording. Share the recordings only with others who can also do so. This means that teachers’ devices should include verifiable security measures. 

Treat As An Educational Record

Instruct online learning students to not share any personally identifiable information.  A best practice is to have the students keep their cameras off and microphones muted during classes. 

 

boy studentBe aware of best practices to protect the privacy of your students. 

Start today: evaluate your current practices and take that first step to securing your success.

 

PROTECT YOUR STUDENTS’ PRIVACY.  IT’S THEIR RIGHT, THE LAW, AND AN ALL AROUND GOOD IDEA.

 

Check out the entire Coronavirus and Small Business Law Series here.

Do you need help with securing the success of your online business?  If you’re a Florida business or resident, I can help. Contact me here.

About Sagacity Legal:
Sagacity Legal is a Florida-based firm that works with service-based small business owners, who want to minimize their legal risk so they can focus on achieving their full potential.

This article and all content herein is solely intended for general information purposes and should not be construed as legal advice in any manner. This information is not intended to create, and receipt or viewing, or communication via email or other means does not establish an attorney-client relationship. An attorney-client relationship is only formed when a written engagement agreement is executed. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this website to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

Leave a Reply

Your email address will not be published. Required fields are marked *

leave a comment on this post.

previous comments

      * Testimonials found on this website are actual client reviews of Sagacity Legal PLLC. Prospective clients may not obtain the same or similar results.
    ** The information contained in this website is intended for general informational purposes only, and should not be construed as legal advice on any matter.
  *** For important disclaimer information please visit http://www.sagacitylegal.com/disclaimer.
**** This firm is registered to practice in the State of Florida and before the USPTO.