Florida Student Data Privacy Legal Compliance Guide

The following chart provides a brief overview of the laws of the state of Florida addressing privacy and security of student data, and the corresponding provisions of Microsoft’s standard operating documents that demonstrate compliance with those laws and regulations.

Under Florida law, entities that perform services for public elementary or secondary schools qualify as “agencies.”

Microsoft’s standard Online Services Data Protection Addendum (“DPA”) addresses Microsoft’s commitments with respect to the privacy and security of student data.  The DPA sets forth Microsoft’s standard obligations with respect to the processing and security of customer data and personal data in connection with Microsoft’s provision of online services. 

The reference chart below briefly identifies those provisions of Florida law that are applicable to agencies and the relevant provision(s) from Microsoft’s DPA that addresses Microsoft’s compliance with that requirement.

Florida Law ProvisionCompliant Microsoft Provision(s)
Fla. Stat. Ann.§ 1002.222(1)(a)
Prohibition against collecting, obtaining, or retaining information on the political affiliation, voting history, religious affiliation, or biometric information of a student or a parent or sibling of the student.

The term “biometric information” means information collected from the electronic measurement or evaluation of any physical or behavioral characteristics that are attributable to a single person, including fingerprint characteristics, hand characteristics, eye characteristics, vocal characteristics, and any other physical characteristics used for the purpose of electronically identifying that person with a high degree of certainty. Examples of biometric information include, but are not limited to, a fingerprint or hand scan, a retina or iris scan, a voice print, or a facial geometry scan. Notwithstanding the provisions of this paragraph, a school district that used a palm scanner system for identifying students for breakfast and lunch programs on March 1, 2014, may continue to use the palm scanner system through the 2014-2015 school year.
Microsoft Online Services Data Protection Addendum -> Data Protection Terms -> Nature of Data Processing; Ownership -> Processing to Provide Customer the Online Services

Fla. Stat. Ann.§ 1002.222(1)(b)
No disclosure of education records made confidential and exempt by § 1002.221 or federal law unless based on defined exceptions
Microsoft Online Services Data Protection Addendum -> Data Protection Terms -> Disclosure of Processed Data

See also Microsoft Online Services Data Protection Addendum -> Data Protection Terms -> Nature of Data Processing; Ownership -> Processing for Microsoft’s Legitimate Business Operations

In addition to the provisions above, Fla. Stat. Ann. § 1002.22 provides that the rights of students and their parents with respect to education records created, maintained, or used by public educational institutions and agencies shall be protected in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, the implementing regulations issued pursuant thereto, and this section. In order to maintain the eligibility of public educational institutions and agencies to receive federal funds and participate in federal programs, the State Board of Education shall comply with the FERPA after the board has evaluated and determined that the FERPA is consistent with the following principles:

(a) Students and their parents shall have the right to access their education records, including the right to inspect and review those records.

(b) Students and their parents shall have the right to waive their access to their education records in certain circumstances.

(c) Students and their parents shall have the right to challenge the content of education records in order to ensure that the records are not inaccurate, misleading, or otherwise a violation of privacy or other rights.

(d) Students and their parents shall have the right of privacy with respect to such records and reports.

(e) Students and their parents shall receive annual notice of their rights with respect to education records.