Student Voter Data Protection Act
- Sponsor
- Rep. Miller, Mary E. [R-IL-15]
- Committees
- Education and Workforce Committee (primary)
- Last action
- Sep 16, 2026
Bottom line
The bill expands student privacy protections under FERPA by restricting how postsecondary institutions can use or sell student data, particularly concerning voter-related activities and directory information, without explicit student consent.
What it actually does
This bill amends the Family Educational Rights and Privacy Act of 1974 (FERPA) to prohibit postsecondary educational institutions from disclosing personally identifiable information, including directory information, for the purpose of measuring student voter registration or voting rates without prior, informed, written consent. It also prohibits these institutions from selling any personally identifiable education records, including directory information, without similar explicit consent from the student.
Proponents argue
Supporters argue that this legislation is crucial for safeguarding student privacy in an increasingly data-driven world, ensuring that personal and educational information is not misused or monetized without explicit permission. They contend it empowers students to control their data, preventing potential targeting or exploitation, especially concerning sensitive civic engagement metrics.
Opponents contend
Critics might argue that the bill could inadvertently hinder legitimate, non-partisan efforts to encourage civic engagement and research into student voting patterns, potentially making it more difficult for institutions or non-profit organizations to understand and improve voter participation among students. Some may also suggest it adds unnecessary administrative burdens on educational institutions.
The bill is exceptionally short and uses clear language, making it very accessible for a quick and thorough evaluation.
Section 2, amending 20 U.S.C. 1232g
Prohibition on Disclosure of PII for Voter Registration or Voting Rates
This section prevents postsecondary educational institutions from receiving federal funds if they disclose (including through sale or transfer) personally identifiable information, including directory information, from a student for the purpose of measuring student voter registration or voting rates. This prohibition applies unless the institution obtains prior, informed, written consent from the student, consistent with existing federal regulations (34 CFR 99.30).
Supporters argue
Supporters argue this provision safeguards student privacy by preventing institutions from sharing sensitive personal data for voter-related metrics without explicit consent, protecting students from potential targeting or misuse of their information.
Critics contend
Opponents might contend that this could impede non-partisan efforts by institutions or third-party organizations to understand and improve student civic engagement, potentially leading to lower voter participation rates among students.
Tradeoffs
Balances student privacy rights against potential benefits of data-driven insights into civic engagement and voter participation efforts.
Section 3, amending 20 U.S.C. 1232g(a)(5)
Prohibition on Sale of Student Education Records, Including Directory Information
This section amends existing FERPA provisions to explicitly prohibit postsecondary educational institutions from receiving federal funds if they sell any personally identifiable education records, including directory information, of a student. This prohibition is absolute unless the institution obtains prior, informed, written consent from the student, in a manner consistent with federal regulations (34 CFR 99.30).