Digital civil rights: 7 ways to protect student privacy as AI expands

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The conflict between student digital privacy, academic freedom and cybersecurity appears to be intensifying as the footprint of AI expands in K12 education. Advocates warn that schools’ efforts to detect dangerous online activity increasingly risk violating the civil rights of students—particularly those from the LGBTQ+ community, Title I schools and other marginalized groups.

And content filtering may amount to a “digital book ban,” say researchers from the Center for Democracy & Technology in a pair of new reports that assess student privacy and civil rights as artificial intelligence advances. Here are a few enlightening data points the organization released Wednesday:

  • Fewer parents believe that the benefits of monitoring student activity outweigh the risks.
  • Most students whose schools use content filtering say that it has made completing assignments hard, with LGBTQ+ students even more likely to feel challenged.
  • 50% of teachers think content filtering is stifling students’ growth.
  • About one-third of teachers agree that content associated with LGBTQ+ issues or students of color is more likely to be filtered or blocked.
  • Only 27% of parents have been asked for their input on what their school filters, blocks or monitors.
  • Four in 10 Title I teachers (and about a third of all teachers) know of a student who was contacted by law enforcement because of online activity tracked by the school.
  • A growing majority of students and parents are concerned about the privacy and security of student data collected by schools.

What it boils down to, the Center asserts, is that the students, teachers and parents surveyed want more guidance, training and voice around how schools monitor online activity, filter content and use generative AI. “Students, parents, and teachers must have a voice—and receive support—in ensuring the responsible use of technology in schools,” adds Alexandra Reeve Givens, the Center for Democracy & Technology’s president and CEO.

Solutions for safeguarding digital privacy

Administrators are encouraged to put students’ civil rights and digital privacy at the forefront as AI becomes more powerful and the use of instructional technology evolves. The Center for Democracy & Technology’s experts recommend:

1. Conducting a nondiscrimination audit: This will help administrators ensure that district policy covers the various forms of sex discrimination, including sexual orientation and gender identity. They should also look for data collection or surveillance procedures that may target protected classes of students or that are producing unintended outcomes.

2. Developing new data and technology use policies: Use the “nondiscrimination audit” to solicit guidance from experts in fields such as civil rights and IT. Also gather feedback from students, teachers and parents to set new edtech privacy rules that prevent discriminatory uses of education data.


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3. Revising the procurement process: District leaders can also set standards for vendors to minimize the risk of violating students’ civil rights. This can include defining nondiscrimination in contracts and requiring transparency from vendors.

4. Making nondiscrimination notices “readily available”: The comprehensive nondiscrimination policy should be written in plain language for parents and the wider public. It should also become an easily shareable resource and posted prominently on district websites and posters that summarize the standards.

5. Designating staff to monitor compliance: An administrator or committee can be appointed to serve as a “privacy officers” and respond to discrimination concerns. 

6. Conducting—and publicizing—a nondiscrimination evaluation: Leaders should work with the community to develop metrics that track whether students’ privacy and digital civil rights are protected as the use of instructional technology increases. Any ensuing evaluations should be made public.

Matt Zalaznick
Matt Zalaznick
Matt Zalaznick is the managing editor of District Administration, covering K-12 public school leadership, teaching and learning, student achievement, education technology, and federal education policy. A journalist since 1996, Zalaznick has reported on politics, law enforcement, and breaking news for newspapers and websites across the U.S. Virgin Islands, the San Francisco Bay Area, Colorado, and the New York City suburbs. He holds a B.A. in English from Tufts University.

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