Student Privacy in the state of New Jersey

New Jersey has a couple of laws that protect student privacy. This blog post summarizes the key points of each.

New Jersey Data Privacy Act (NJDPA)

• Came into effect on January 15, 2025
• Applies to everyone in New Jersey, not just students
• Arguable whether it applies to students at all, as they may not fit the definition of “consumer”
• Could require consent for the collection of “sensitive data”
• Only applies to companies that have at least 100,000 “consumers”
• Could allow students to opt out of data collection and delete their data
• Could also allow students to view their data
• If the consumer is between 13 and 17 years old, consent is required for “profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer…”

Anti-Big Brother Act

• Passed in 2013

• Passed in response to images from student webcams being used by administrators in Pennsylvania

• Requires that any school district that gives students devices give a notice to parents about:

  • The device’s recording capabilities (audio/video)
  • That the device may record or collect information about student activities
  • That the school district will not use any capabilities to record or monitor students
  • That parents must acknowledge receipt of this notification in writing

• Applies to any electronic device capable of recording or collecting information about student activities

• Schools must obtain written acknowledgment from parents before issuing devices

N.J. Stat. § 56:8-215 through 221

• Bars operators of online education services from:

  • Selling or renting a student’s information
  • Engaging in targeted advertising based on student information
  • Amassing a profile of a student’s information for non-K12 school purposes

K-12 school purposes are quite broad, being defined as “directed by or that customarily take place at the direction of a school district, K-12 school, teacher, or school district or aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents or guardians, or are otherwise for the use of a benefit of the school district or K-12 school.”

N.J. Stat. § 18A:36-34 and 18A:36-34.1

• Requires prior written informed consent from parents/guardians before administering surveys, assessments, analyses, or evaluations that reveal information about:

  • Political affiliations
  • Mental and psychological problems
  • Sexual behavior and attitudes
  • Illegal or self-incriminating behavior
  • Critical appraisals of family members
  • Privileged relationships (e.g., with lawyers, doctors)
  • Income (unless required for program eligibility)
  • Social security numbers

• Schools must request consent at least 2 weeks before administering such surveys

• Under 18A:36-34.1, schools can conduct anonymous, voluntary surveys, assessments, analyses, or evaluations about health-related topics with prior notification (not consent):

  • Alcohol, tobacco, drugs, and vaping use
  • Sexual behavior
  • Injury/violence-related behaviors
  • Physical activity and nutrition

• For health surveys, assessments, analyses, or evaluations, detailed notification must be sent to parents including:

  • Description and purpose
  • Who will have access to the results
  • How to review the survey beforehand
  • How to opt out

• Health survey data can only be used for public health initiatives, not marketing

Student monitoring systems are likely considered surveys, assessments, analyses, or evaluations, though this is not explicitly stated.

N.J. Stat. § 18A:36-19

• Requires the State Board of Education to regulate:

  • Creation, maintenance, and retention of student records
  • Security and access to records
  • Protection of student privacy

• Guarantees specific rights:

  • Students’ right to information about themselves
  • Parents’/guardians’ right to full information about their students
  • Schools’ right to necessary data for providing education

• Protects school staff from liability when properly furnishing student records