S. 5408: Student Voter Data Protection Act

The bill would change federal student privacy law for colleges and universities. In general, it would stop postsecondary schools from using or selling students’ personal information for voter-related data collection unless the student has given prior, informed, written consent.

What information is covered

The bill covers personally identifiable information, including directory information such as names, addresses, phone numbers, email addresses, dates of attendance, and similar student record information if it can be tied to a specific student.

What colleges and universities would be barred from doing

If enacted, a postsecondary educational institution could lose federal funds if it:

• Discloses student personal information for the purpose of measuring student voter registration or voting rates without the student’s written consent.
• Sells or otherwise transfers student personal information for that same purpose without the student’s written consent.
• Sells students’ education records, including directory information, without prior written consent.

How consent would work

The bill says consent must be prior, informed, and written, and must follow existing federal rules for student record consent. In practical terms, schools would need a student’s clear permission before sharing this kind of data for these purposes.

Effect on federal funding

The bill would tie compliance to federal money. Schools that do not follow the new restrictions could become ineligible to receive funds under the applicable federal education programs referenced in FERPA.

What the bill does not do

• It does not ban colleges from collecting student information for ordinary school purposes.
• It does not stop schools from sharing information when students have properly consented.
• It does not create a general ban on all voter-related activity by schools; it focuses on disclosure and sale of student records for measuring registration or voting rates.

Relevant Companies

None found