Chicago Sun-Times

CPS parent sues College Board for allegedly selling students’ personal data for profit

- BY DAVID STRUETT, CST WIRE REPORTER dstruett@suntimes.com | @dstru312

A lawsuit filed by the parent of a Chicago Public Schools student claims the College Board has illegally collected and sold the private data of more than 5 million students who’ve taken its standardiz­ed tests, including the SAT, PSAT and AP exams.

The nonprofit College Board allegedly fooled students and parents into handing over their personal data — including their names, addresses and parental income — to be sold by the College Board for 42-47 cents per name, according to the suit filed Tuesday in federal court.

Those buyers include universiti­es, which could target specific students with promotiona­l letters, and other “third party organizati­ons,” which remain unknown, according to the suit.

“They [the College Board] used deceptive means to get the data,” said Scott Drury, attorney for the parent who filed the suit. Drury’s firm, Loevy & Loevy, is seeking classactio­n status for the suit.

The suit alleges the College Board sold the student data collected in its voluntary Student Search Service to boost its already substantia­l revenues, which amount to $1 billion per year, the law firm said in a statement.

The Student Search Service is billed as an online service to help students get accepted to a university. But the lawsuit alleges it was just a ploy to sell student data.

The suit’s plaintiff, identified as “Mark S.,” claims the College Board broke Illinois law when it sold the data of his child, who was under 16 and attended CPS when the child took the PSAT, multiple AP Exams and the PSAT 9.

The student consented to the Student

Search Service, but the student’s parent never did, the lawsuit states.

The Illinois Children’s Privacy Protection Act requires a school-related service to obtain parental consent to sell or purchase the informatio­n of a student under 16 years old, according to the suit.

In a statement, College Board spokeswoma­n Sara Sympson said it is “committed to protecting student privacy,” but she did not address questions about parental consent.

The College Board said its Student Search Service is a voluntary and has strict privacy rules for colleges and organizati­ons.

In October, nine democratic lawmakers in Illinois called on state officials to investigat­e the College Board’s data collection policies.

“The College Board does millions of dollars of business every year in Illinois with state and local government­s,” the lawmakers wrote in a letter to Attorney General Kwame Raoul. “They currently have a $29 million contract with the Illinois State Board of Education for the SAT and PSAT tests. Last year the state paid more than $2 million to cover the fees for the AP tests for low-income students.”

The College Board has said it does not “sell” data but rather shares the informatio­n with colleges and organizati­ons under strict licensing agreements.

The College Board boasts that the search service increases the chance of a student enrolling in a college by 12%, according to Sympson.

“We stand ready to work with leaders in Illinois to share how we protect student data and how we use data to connect students to college and scholarshi­p opportunit­ies,” Sympson said.

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