H.R. 10449: Student Voter Data Protection Act

This bill would change federal student privacy rules for colleges and universities. In simple terms, it would stop postsecondary schools from using certain student information for voter-related purposes, unless the student gives prior written consent, and it would also bar schools from selling student records without that consent.

What the bill would do

• It would amend the Family Educational Rights and Privacy Act (FERPA), the federal law that protects education records.
• It would say that a college or university cannot receive federal funds if it discloses a student’s personally identifiable information, including directory information, for the purpose of measuring:
  • student voter registration, or
  • student voting rates,
  unless the student has first given informed, written consent.
• It would also prohibit a postsecondary institution from selling a student’s personally identifiable education records, including directory information, without the student’s prior informed written consent.

What counts as protected information

The bill uses the term personally identifiable information, which can include student records and also directory information such as names, addresses, and similar basic details if a school treats them as part of its records system. The bill specifically says these disclosures would require written consent if they are being used to track or measure voter registration or voting rates.

How enforcement would work

The bill does not create a new criminal penalty. Instead, it uses federal education funding as the enforcement tool. A school that violates the new rules could lose access to funds under applicable federal education programs.

Practical effect

If enacted, colleges and universities would need to be more careful about sharing student information with outside groups or using it in voter turnout or registration analyses. They would likely need clearer consent procedures before any such disclosures or sales of student information could occur.

Relevant Companies

• None found