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The Surveillance Economy in Education: Rights, Regulation, and Remedies
The surveillance economy has infiltrated the education sector, driven by the extensive online presence and data contributions of students and teachers, often without compensation. Rights to privacy in educational settings, such as those protected by FERPA in the United States, are critical barriers against the encroachment of big tech companies. Despite these rights, the tech industry has sought access to schools by providing low-cost educational tools, which inadvertently grants them the ability to track student data. Changes enacted during the Obama administration enabled the sharing of private student information with educational partners, thereby incentivizing the development of educational technology (ed tech) that prioritizes profit over privacy. This shift has led to significant investments from equity firms in ed tech platforms, with the intent to monetize student data in broader markets. The convergence of monitoring technologies for individuals across various life stages, from infancy to employment, poses serious concerns regarding privacy. The discussion highlights the urgent need for legal solutions and proactive measures to mitigate the risks associated with the growing surveillance economy in education.