CONSUMER ALERT: New York Department of State’s Division of Consum...

The New York Department of State's Division of Consumer Protection is providing targeted privacy protection tips for adults and children ahead of the new school year. Under New York State's Education Law, if you are a parent of a child in the New York State schools, you have rights regarding the privacy and security of your child's personal information and data. New York State law requires each educational agency to publish a parents' bill of rights for data privacy and security on its website.

"Safety is a top priority for parents when sending their children back to school," said Secretary of State Walter T. Mosley. "With technology being used more and more as a learning tool, New York parents and caregivers should know their rights when it comes to protecting their children's personal information and privacy."

Think About Children's Privacy:
Technology has become a permanent fixture of the education experience. The Federal Trade Commission (FTC) issued a policy statement putting educational technology on notice of their obligations to protect children's privacy. In other words, educational technology companies must comply with privacy requirements and can't require parents and schools to agree to the comprehensive surveillance of children for kids to use their learning tools. Thus, parents and guardians need to place close attention to the technology children use, what information is collected and how it is used.

Some important things for parents to know:

• Your child's personal information cannot be sold or released for any commercial purposes.
• If your child is under age 18, you have the right to inspect and review the complete contents of your child's education records.
• If you have questions about student data, please see information available for parents from The New York State Department of Education.

Other ways to pay close attention to your child's personal information:

• Protect documents that contain a child's personal information. Understand where your child's information is stored. Ask how after-school organizations and sports clubs secure their records: Are digital records connected to the internet and, if so, are they encrypted? Are physical records locked in filing cabinets? Who has access?
• Be careful when providing identifying information to after-school activities and sports clubs upon registration. If asked for a Social Security number (SSN), inquire why it is needed and ask to use another identifier. Oftentimes organizations include the SSN request as a formality and it may not be mandatory.
• Only label books, backpacks and lunches with the student's full name and any other information on the inside! Using initials on the outside is okay, but names, even just first names, on the outside can create an unsafe situation.
• Discuss internet safety tips with children and remind them to be careful about opening attachments and suspicious emails. For tips on how to stay safe online, please see information from this January 2020 Consumer Alert.
• Both parents and students should be careful on all social media platforms: don't overshare. Any information you post can be seen and utilized by identity thieves. Avoid sharing personal information including full names, addresses, phone numbers, Social Security numbers or even where they go to school. Social media posts often reveal sensitive information unintentionally. Cybercriminals look for content that can reveal answers to security questions used to reset passwords, making accounts vulnerable to identity theft.

About the New York State Division of Consumer Protection
Follow the New York Department of State on Facebook, X and Instagram and check in every Tuesday for more practical tips that educate and empower New York consumers on a variety of topics. Sign up to receive consumer alerts directly to your email or phone here.

The New York State Division of Consumer Protection provides voluntary mediation between a consumer and a business when a consumer has been unsuccessful at reaching a resolution on their own. The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30am to 4:30pm, excluding State Holidays, and consumer complaints can be filed at any time at www.dos.ny.gov/consumerprotection. The Division can also be reached via X at @NYSConsumer or Facebook.