RI ACLU Calls for Privacy Protections to "Prevent Snooping on Families" During Virtual Learning

RI ACLU Calls for Privacy Protections to "Prevent Snooping on Families" During Virtual Learning

The ACLU of Rhode Island is calling on schools to “take prompt action to protect the privacy rights of students and families” after reviewing district policies, as it pertains to the use of school-loaned devices, such as Chromebooks, and third-party programs that facilitate online learning but also allow for widespread spying on both students and parents. 

“A review of school district policies shows that ‘remote’ instruction may be a lot more intimate than you think. It is essential that schools take action to assure parents that virtual learning cannot be used as a tool to spy on families," said ACLU of RI Executive Director Steve Brown. 

The ACLU said their examination of current school district policies and programs showed that they often allow for remote access to a school-loaned computer’s microphone and camera at any time and the ability to view weeks of computer browsing activity, whether on a school laptop or personal computer. In a letter sent to each school district, the ACLU has asked superintendents to take steps to prevent such snooping.

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Ongoing Concerns

According to the ACLU, it has expressed concerns for several years about school district policies that provide officials indiscriminate remote access to school-loaned computer devices. 

When the ACLU of RI surveyed school districts three years ago on their policies governing home use of such devices, almost every district authorized wholesale access to the laptop’s content – including files, photos, and web history – at any time and for any reason, even when families were encouraged to use the computers for non-academic purposes. The authorization rarely barred school access to, and activation of, the device’s microphone and camera.

School district responses to an ACLU open records request earlier this year revealed that little has changed -- at least twenty-six district policies explicitly note that students have no expectation of privacy whatsoever in their use of the devices, and 21 policies fail to ban unauthorized remote access to the device’s camera and microphone. A chart summarizing the policies can be found here.

Some third-party programs are being utilized to provide school officials broad access to the computers that students use for their schoolwork as a result of the virtual learning currently taking place in almost every school district, says the ACLU, citing one program being used by some school districts – GoGuardian.

The ACLU says it not only provides real-time access to a student’s computer, but can allow school personnel to examine weeks of web history and other data on certain browsers, which could include the private search history of the student’s family, well beyond the access to information necessary for classwork.

On Saturday, GoLocal reported growing concerns about privacy issues related to the use of Zoom by Rhode Island schools.

Call to Action

The ACLU letter to school districts called for the adoption of specific privacy protections, if they were not already in place: 

An outright prohibition on school officials’ ability to access the microphone or camera of a school-loaned device except during live teaching activities and with the student and family’s full knowledge.
A ban on accessing the data on a school-loaned device unless (1) a parent or guardian has signed a valid opt-in agreement which allows access by the district to explicitly-specified data, or (2) a school official has reasonable suspicion that a student has violated school policy, and data on the device contains evidence of the suspected violation.
A restriction on remotely tracking the location of a school-loaned device without cause.
Disabling privacy-invasive features on any third-party programs that students are required to download in order to participate in virtual learning.
Ensuring that any third-party programs used in the course of remote education are in compliance with a state law barring use of student data for commercial purposes.

The ACLU letter concluded by stating:

“Since the implementation of school-loaned device programs, the ACLU of RI has been approached by many parents who felt uncomfortable with signing away their child’s privacy rights but were given no other option for engagement in the important educational activities taking place with them. Now that students, and their parents and guardians, have no other option but to continue their education through such devices – and sometimes utilize their home computers for this learning – we believe it is imperative that the privacy rights of students be protected.

Clear standards on access to the visual and audio components of the computers – whether school-loaned or personal – are essential. Also of tantamount importance is ensuring that platforms such as Go Guardian do not expose sensitive information about students and their families to school staff, and that the usage of such platforms does not unintentionally facilitate the ability for school staff to access more data than they need to complete their job responsibilities.”