SSL Decryption of American K12 School in Connecticut: Legality?

Reid Cooper

I have to look at a school system that is using "man in the middle" SSL / TLS decryption for the traffic from a K12 school. This allows the firewall (and who knows who else) to intercept and read traffic that I assume students believe to be private. I've not yet asked for the legal report to see what notification is given to students, parents and so forth and what approval there has been from the legal department. Maybe all the ducks are in a row, maybe they are not. I don't know.

But as a starting point, is anyone familiar with the legality around this? In most situations in the US you can legally do this with employees if they are notified. Then you are free and clear. But students are not employees, in any sense. Nor are they voluntary system users. What legal problems should I be worried about here? Is this normal and no one can sue us if they find out? What if there is a breach of student private communications caused by a mistake by IT or a vendor bug?

Obsolesce

Here are some points to consider:

Consent and Notification: It's essential to have explicit consent from parents or legal guardians if students are minors. Even if students are not employees, they still have privacy rights. Proper notification to both students and parents is crucial.
FERPA Compliance: The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records. Any monitoring should be in compliance with FERPA regulations to avoid violations.
Children's Online Privacy Protection Act (COPPA): If the school is providing online services or websites to students under the age of 13, COPPA may come into play. It requires obtaining parental consent for collecting personal information from children.
Vendor Liability: If a breach of student private communications occurs due to IT or vendor mistakes, there could be potential liability issues. Schools should have agreements in place with vendors that address data security and liability.
Local and State Laws: Laws regarding electronic surveillance, data privacy, and education can vary by state and locality. It's important to consult with legal experts who are knowledgeable about local regulations.
Balancing Security and Privacy: Schools must strike a balance between ensuring network security and respecting student privacy. An overly intrusive monitoring system could raise concerns.

Ultimately, it's crucial to consult with legal counsel who specializes in education law and data privacy to ensure that the school system's practices comply with all applicable laws and regulations. Additionally, a transparent and well-documented approach to monitoring, including clear notification to students and parents, can help mitigate potential legal risks.

scottalanmiller

@Obsolesce said in SSL Decryption of American K12 School in Connecticut: Legality?:

Here are some points to consider:

Consent and Notification: It's essential to have explicit consent from parents or legal guardians if students are minors. Even if students are not employees, they still have privacy rights. Proper notification to both students and parents is crucial.

FERPA Compliance: The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records. Any monitoring should be in compliance with FERPA regulations to avoid violations.

Children's Online Privacy Protection Act (COPPA): If the school is providing online services or websites to students under the age of 13, COPPA may come into play. It requires obtaining parental consent for collecting personal information from children.

Vendor Liability: If a breach of student private communications occurs due to IT or vendor mistakes, there could be potential liability issues. Schools should have agreements in place with vendors that address data security and liability.

Local and State Laws: Laws regarding electronic surveillance, data privacy, and education can vary by state and locality. It's important to consult with legal experts who are knowledgeable about local regulations.

Balancing Security and Privacy: Schools must strike a balance between ensuring network security and respecting student privacy. An overly intrusive monitoring system could raise concerns.

Ultimately, it's crucial to consult with legal counsel who specializes in education law and data privacy to ensure that the school system's practices comply with all applicable laws and regulations. Additionally, a transparent and well-documented approach to monitoring, including clear notification to students and parents, can help mitigate potential legal risks.

This is good input. Ultimately liability is going to come down to primarily local laws and statutes and what the legal department of the district has done to ensure safety and indemnification, and of course what transparency, notification and consent has been granted. That students are required to attend school, are not employees or at will, and are minors make this not just different, but essentially the opposite, of an employment situation. Any breach of privacy (not meaning a breach of IT systems, but the IT systems themselves) could violate constitutional rights as well as international human rights...

From a law firm on US right to privacy... "The right to privacy is a fundamental human right, and it is recognized by international treaties and many countries’ Constitutions. The Universal Declaration of Human Rights recognizes the right to privacy in Article 12, and the International Covenant on Civil and Political Rights further elaborates on the right to privacy in Article 17.

At the same time, different countries have different laws and regulations when it comes to privacy. In the United States, for example, the Fourth Amendment to the Constitution protects citizens from unreasonable searches and seizures by the government. This has been interpreted by the courts to include the right to privacy."

Even if students are not minors, the question is whether this constitutes unreasonable search leading to violation of privacy. And of course if it puts minors at risk, that's an additional concern.