Student Voter Data Protection Act
- Sponsor
- Sen. Lee, Mike [R-UT]
- Committees
- Health, Education, Labor, and Pensions Committee (primary)
- Last action
- Sep 16, 2026
Bottom line
The bill enhances student privacy by requiring explicit consent before postsecondary institutions can share or sell student data for voter-related metrics or any other purpose.
What it actually does
This bill amends the Family Educational Rights and Privacy Act of 1974 (FERPA) to prohibit postsecondary educational institutions from disclosing or selling personally identifiable information, including directory information, for the purpose of measuring student voter registration or voting rates without explicit student consent. It further broadens this protection by prohibiting postsecondary institutions from selling any personally identifiable education records, including directory information, without such prior, informed, written consent.
Proponents argue
Supporters argue this bill is a vital step to protect student privacy, ensuring that personal data, especially information that could be used to track voting behavior, is not shared or sold without a student's explicit permission. They contend it prevents potential misuse of sensitive information and reinforces individual control over educational records, aligning with the core principles of FERPA.
Opponents contend
Opponents might argue that this bill could inadvertently hinder legitimate, non-partisan efforts to promote civic engagement and voter participation among students by making it more difficult for institutions or third-party organizations to assess and improve voter turnout initiatives. They may also contend that the broad prohibition on selling directory information could impact beneficial partnerships or research that relies on such data, even with appropriate safeguards.
The bill is exceptionally short and uses clear language, making it very accessible for any interested reader to understand its provisions quickly.
Section 2, amending Section 444 of the General Education Provisions Act (20 U.S.C. 1232g) by adding subsection (k).
Prohibiting Disclosure of Student Data for Voter Metrics Without Consent
This provision states that postsecondary educational institutions will lose access to federal funds if they disclose (including selling or transferring) any personally identifiable information from a student, including directory information, for the purpose of measuring voter registration or voting rates, unless they first obtain the student's prior, informed, written consent. This consent must adhere to existing federal regulations (34 CFR 99.30).
Supporters argue
Supporters argue this provision is essential for safeguarding student privacy, preventing potential surveillance or targeting based on voting behavior, and ensuring that personal data is not used for purposes students have not explicitly authorized.
Critics contend
Critics might contend that this provision could impede legitimate, non-partisan efforts by institutions or third parties to understand and improve student civic engagement, such as research on voter turnout or efforts to register students, even if anonymized data is not explicitly prohibited.
Tradeoffs
This provision balances the individual's right to privacy concerning their personal data against the potential benefits of data-driven initiatives aimed at promoting civic engagement and voter participation among students.
Section 3, amending Section 444(a)(5) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5)).
Prohibiting Sale of All Personally Identifiable Education Records by Postsecondary Institutions Without Consent
This provision amends FERPA to explicitly prohibit postsecondary educational institutions from selling any personally identifiable education records of a student, including directory information, without first obtaining the student's prior, informed, written consent. This expands upon existing FERPA rules, which generally allow disclosure of directory information unless a student opts out, by specifically banning its sale without affirmative consent.