Texas Data Privacy and Security Act – What Does it Mean for Teachers and Educational Professionals?

With Artificial Intelligence, Virtual Reality, and other technologies being integrated at neck-breaking speeds into the classroom, state legislatures have had to keep up to ensure students can derive all these benefits without jeopardizing their personal data. 

On June 16, 2023, Texas became the eleventh state to enact a state-wide comprehensive data privacy law, joining California, Colorado, or Florida to name just a few. With the TDPSA now taking effect in less than 60 days (July 1, 2024), few articles have explained how it would impact teachers, administrators and other educational professionals wishing to leverage software such as Goosechase in the classroom without running afoul (afowl? …sorry) of privacy legislation. 

In this brief article, we will explore what the TDPSA is, who it applies to, and how to vet current and prospective software providers to ensure compliance. You will also find a brief checklist to use ahead of your next software purchases. 

The Texas Data Privacy and Security Act (TDPSA), coming into effect on July 1, 2024, introduces key provisions that may affect governmental institutions, businesses, and individuals operating in Texas, particularly those involved in processing personal data. Here's a summary of the main points covered by the TDPSA:

1. Scope and Applicability: The TDPSA applies to entities conducting operations in Texas, processing personal data, and not qualifying as small businesses as defined by the U.S. Small Business Administration.
2. Consumer Rights and Requests: The TDPSA grants consumers (such as students and educators) various rights, including the right to access, correct, delete, and obtain a copy of their personal data as well as the right to opt-out of the sale of personal data and targeted advertising. Parents and guardians may also exercise rights on behalf of children under the age of thirteen.
3. Selling Personal Data and Targeted Advertising: The TDPSA regulates the sale of personal data and targeted advertising, requiring businesses to provide opt-out mechanisms for consumers before sharing and/or selling such data. 

One area where educators must pay close attention to TDPSA compliance is in the acquisition and use of software tools. Educational software often collects and processes very sensitive student data, making it subject to the Act's regulations. 

If you’re an educator using software within an educational setting, you may wish to ask yourself;

1. Is the software provider exempt?; Is the software provider classified as a “Small Business” under the SBA ~(<250 employees or $47 Million in annual revenue);
2. Does the software protect students’ rights? Does it allow students to access, correct, or delete their data? Does it allow students, parents, or teachers to delete their data in a safe, easy and efficient manner without jumping through countless hoops?
3. Does it sell student data? Does it advertise directly to students or share their data with third-party providers? Are strict procedures in place to obtain users’ consent if they wish to do so. Are appropriate “opt-out” mechanisms in place to ensure continuous consent?
4. Data Minimization? Are they providing users with options to collect as little data as possible to provide their services such as “guest accounts”, anonymization, or pseudonymization?
5. Data Security: Does the software solution have built-in security features and encryption protocols to protect student data from unauthorized access or breaches? Verify that vendors have comprehensive data security measures in place and are committed to regular updates and patches.

We’ve created this goosey guide to help you evaluate current and future software providers:

Or, get in touch, and we’d be happy to send you a copy.

In conclusion, the TDPSA presents both challenges and opportunities for educators in Texas. By understanding its provisions, prioritizing compliance, and adopting best practices for software acquisition and usage, you will be able to navigate the complexities of data privacy and security with confidence.

What is Goosechase EDU?

Goosechase is an online platform that helps educators create and run interactive learning experiences in their classrooms and beyond. Sign up and try creating an Experience, or contact us to learn more about our school and district-wide solutions!