Youth PrivacyLIS 550, Section B17 February 2010

Eileen Barnes, Jennifer Hannibal, Rebekah Kamp, Lisa McGreenery, Kathleen Turner, Margarete Walden

Introduction• Definition of Privacy

• Tension between protecting children from harm and protecting their Constitutional rights

• Privacy issues affecting youth generally fall into 3 categories:

1. Education2. Internet/Technology3. Health

Family Educational Rights and Privacy Act (FERPA) 1974

Who?

• FERPA applies to all educational institutions receiving federal funds, both private and public

• FERPA defines the rights of parents regarding a child’s education records; these rights transfer to the child at age 18

(Education, U. D., n.d.)

Family Educational Rights and Privacy Act (FERPA) 1974

What?

• Parents have the right to view their child’s educational records

– Includes directory information, personally identifiable information, disciplinary action taken against the student, and information to teachers/schools who have legitimate educational interest in the behavior of the student (Education, U. D., n.d.)

Family Educational Rights and Privacy Act (FERPA) 1974

What?

• Schools must inform parents of the types of student information it releases publicly and inform parents of their right to opt out

• Parents have the right to request accuracy reviews and pursue corrections of educational records

(Education, U. D., n.d.)

Family Educational Rights and Privacy Act (FERPA) 1974

What?

• Schools must have written permission from the parent before releasing any information from a student’s educational records

– Exceptions: directory information, law enforcement, state of emergency, U.S. Patriot Act, etc.

• Protection of Pupil Rights Amendment (PPRA) 1978 (Education, U. D., n.d.)

No Child Left Behind

• Amends the Elementary and Secondary Education Act of 1965

• Local education agencies (LEAs) must give military recruiters access to student educational records

No Child Left Behind

• LEAs must provide military recruiters the same access to secondary school students as they would typically allow postsecondary institutions or prospective employers

• Parents may opt out of releasing a child’s information

School District Policies & Practices

• Protection of Human Subjects in Research

• Columbine and Virginia Tech incidents impacted school privacy culture

• The Appropriate and Effective Use of Security Technologies in U.S. Schools, authored by the National Institute of Justice

• “Freedom from unreasonable search and seizure” – Seattle Public School District

Case Study

• Safford Unified School District v. Redding

Technology and Youth

Taken from www.smilespedia.com/.../main/computers_jokes/

Technology and Youth

Focus areas: e-mail, IM, cellular phones, sexting, ambient technology, RFID, social networks, enforcement,

and resources

Fact: 63% of teens say they know how to hide what they do online from

their parents (Harris Interactive-McAfee 10/2008)

Technology and Youth

• Anyone can get an e-mail address. They are private unless the user

shares login information. • E-mail can be subpoenaed.

• IM’s aren’t stored on servers, but may be cached on sender and

recipient computers. No distinction between youth and

adult use of e-mail. Local laws apply.

Mobile MediaIn 2007, more than 50% of teens aged 13 to 18 in the US had mobile phones

(Sultan, Rohm, and Gao, 2009)• Personal attachment to a cell phone:

representation of self and social acceptance • Local norms versus global trends: is there

a difference? • Case in point: sexting

MTV: the world's largest content provider (Klassen 2006 quoted in Sultan, Rohm, and

Gao, 2009)

Ambient Intelligence• RFID: Radio Frequency Identification

Device, a.k.a. the world of Minority Report (Rouvroy 2008)

• GPS: Do you know where your parent is?

Youth and TechnologyDo youth care about privacy?

• Youth in rural Tazmania, Australia are "conservative" in their need for

physical private space (Abbott-Chapman and Robertson 2001)

• The main factor affecting the quality of Internet access by youth was

privacy (Skinner, Biscope and Poland 2003)

Youth and TechnologyWe are committed to protecting

minors who use Facebook. Until their eighteenth birthday, minors will have their information limited to Friends of

Friends and Networks. And minors will know explicitly when they are in

contact with someone who is an adult. If you are under age 13, please do

not attempt to register for Facebook.

Youth and Technology• Anyone can pretend to be a minor.

Or an adult. Or over 13. • Records released only by subpoena

or court order. • Fact: 69% of teens regularly

receive personal messages online from people they don't know and most don't tell a trusted adult about it. (Cox Communications in partnership with

NCMEC and John Walsh, 2007).

Youth and TechnologyMySpace members must be 13 years of age

or older. We take extra precautions to protect our younger members and we are

not able to do so if you do not identify yourself as such. MySpace will delete users

whom we find to be younger than 13, or those misrepresenting their age to access

content or areas they should not. We delete thousands of profiles per week for

misrepresenting their age. Users under 18 are automatically assigned a Private Profile.

No user can browse for users under 16

Youth and Technology

Fact: More than one in 10 students have accepted an invitation to meet an online stranger in person (Rochester Institute of

Technology, 2008).

Resources for YouthEducation about Internet safety

www.commonsensemedia.org/Internet-Safety-High-School-Kids-Tips

www.webwisekids.org

Resources for YouthDefault protection Example: Facebook

"We are committed to protecting minors who use Facebook. Until their eighteenth birthday, minors will have their information limited to Friends of

Friends and Networks."

Resources for Parents

• Second Life for Teens (under 18)

• www.zoobuh.com: email, instant messaging, and blogs

• att.com/familymap

Crime• Enforcement of crimes committed online is tricky due to poorly-defined jurisdictional boundaries and lack of

precedent.

• One middle school in NJ punished students for making derogatory

remarks about another student on FB. What mattered was the harmful

nature of the comments to the student and to the entire school community.

Crime

If an adult convinces a minor to take sexually explicit photos and share

them online, where is the jurisdictional boundary? Where the perpetrator lives, or where the minor lives? Or

both? Who decides?

Youth, Privacy, and Technology• Do kids care about privacy when using various forms of technology? • Do kids know how much control

over their own privacy they have when using various forms of technology? • What options do parents have to control their own kids' privacy using

technology? • Who are the stakeholders in developing privacy controls for

technology?

Questions for Discussionhttp://www.webwisekids.org/

• As a parent, does this information help you feel safer, or freak you out a

little?  • As a teen, do you think you even need to worry about this stuff, or do

you feel fairly safe already?  • For both teens and parents: who

should be tasked with teaching teens/preteens about this topic? 

Where does that responsibility lie?

Privacy for Youth - Health Matters

(Kid’sHealth.org, 2009 & 2010)

Taken from www.nytimes.com

Decision Making Authority

• Parents have legal decision-making authority • Do adolescents have moral decision-making authority?

• Financial decision-making authority

(Berlan & Bravender, 2009; Lallemont Mastroianni & Wickizer 2009; Robertson, 2008)

Age of Consent

• 18 for most health care matters

• For certain issues: Reproductive, Mental, Substance Abuse

• Mature Minor: Age-based vs. Emotional maturity; “evolving capacity”

(Bodger, 2006; Ellis, 2009; Kives , 2008; Ringheim, 2007; Robertson, 2008)

Protection of Privacy

• Why protect privacy of youth?

• Who benefits?

• Providers must balance law and patient care

(Akinbami, 2003; AMA, 1996; Berlan & Bravender, 2009; CAHL, 2005; PBS, 2005; Ringheim, 2007; Spear & English, 2007)

Sacrifice of Privacy

• Abusive situations (physical, sexual)

• Substance abuse

• Mental illness

(DSHS, 2009; Lallemont et al., 2009)

Impact of Information Technology

•Personal Health Record

•Genetic Testing

•Public Health

(Bourgeois, et.al., 2008; CMAJ, 2009; CNN 2010; Silversides, 2009)

Case Study

Trigg, a 15-year old boy wants to get the Hepatitis B (this is the hepatitis transmitted by bodily fluids) vaccine series and the Human Papilloma Virus (genital warts) vaccine to protect himself. He’s not in a serious relationship at the moment, but he knows a few friends at school who have gotten warts, and they studied Hepatitis in Health class recently. Trigg’s parents chose not to give HepB vaccine at an early age, because they don’t really like the idea of vaccinations.

Also, for religious reasons, his parents would thoroughly disapprove of the idea of these particular vaccinations.

  Trigg is at his pediatrician’s office for his yearly pre-football season

check-up. While his parents have stopped coming into the exam room with him, because they “respect his privacy,” they still get the itemized bill. The pediatrician is a “grandfatherly” sort; he treats all

kids as if they are very young. Trigg has never felt comfortable confiding in his doctor, but as they live in a small, rural Northwest

town with limited health care options, Trigg has no other alternative for receiving the vaccines.

Case Study

• What should Trigg do?

• What should Trigg’s pediatrician do if Trigg decides to ask for the vaccines?

• What should Trigg’s parents do if they see miscellaneous vaccines on the bill?

Healthy Teen Network

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