In the digital classroom, data is everywhere. From attendance records to behavioural tracking, educational institutions and third-party platforms are collecting vast amounts of information on students—often without them fully realising it. But with great data comes great responsibility. As education becomes more digitised, what legal safeguards are in place to protect student privacy?

This blog post explores the legal considerations surrounding student data in the UK and beyond, highlighting the rights students have, the responsibilities institutions bear, and the gaps that still need addressing.

What Kind of Data Are We Talking About?

Student data can include far more than names and grades. Examples of personal data collected by schools, colleges, and edtech providers include:

  • Contact details and identifiers (name, email address, student ID)
  • Academic records (marks, feedback, progress reports)
  • Behavioural data (attendance, disciplinary actions)
  • Health and wellbeing information
  • Biometric data (facial recognition in lunch queues or libraries)
  • Browsing history and engagement metrics on learning platforms

Some of this data is necessary for learning and safeguarding. But where is the line between educational utility and invasive monitoring?

In the UK, student data is primarily protected under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. These laws apply to schools, universities, and any third-party platforms processing student data.

Key principles include:

  • Lawful basis: Institutions must have a valid reason (e.g. public task or consent) to collect and process student data.
  • Transparency: Students (or their parents) must be clearly informed about what data is being collected, why, and how it will be used.
  • Data minimisation: Only data necessary for educational purposes should be collected.
  • Security: Organisations must protect data against unauthorised access or breaches.

For children under 13, platforms must obtain parental consent for data collection under the Privacy and Electronic Communications Regulations (PECR).

Emerging Issues: EdTech, AI and Surveillance

The increasing use of third-party educational technologies raises new privacy challenges. For example:

  • Learning management systems (LMSs) may track every click, submission, and online session.
  • Proctoring software can monitor students’ eye movements and room environments during online exams.
  • Predictive analytics tools may profile students’ likelihood to drop out or underperform, raising concerns about fairness and bias.

While these tools aim to support learning, they also risk overreach. Some universities have faced criticism—and legal complaints—for not properly informing students about how their data would be used or failing to obtain valid consent.

International Perspectives

Globally, student data privacy varies. For instance:

  • The Family Educational Rights and Privacy Act (FERPA) governs educational records in the US.
  • In the EU, countries still follow the original GDPR, which is stricter in some areas than the UK’s post-Brexit framework.
  • Some nations have no dedicated student data laws, leaving gaps in protection.

This patchwork creates complexity for international universities or platforms operating across borders.

What Are Students’ Rights?

Students (and parents, where applicable) have several rights under data protection law:

  • The right to be informed about how data is used
  • The right to access personal data held by an institution
  • The right to rectification of incorrect data
  • The right to object to certain processing
  • The right to erasure (“the right to be forgotten”) in specific circumstances

However, these rights are not always well understood—or easy to exercise in practice.

What Should Law Students Pay Attention To?

For law students and early-career professionals, this area offers a rich mix of digital rights, public interest law, and tech regulation. Keep an eye on:

  • ICO guidance on data protection in education
  • Legal challenges involving facial recognition in schools or online proctoring
  • Ethical debates about consent, autonomy, and surveillance in learning spaces
  • New laws or reforms in data protection (e.g. the UK’s Data Protection and Digital Information Bill)

There is growing demand for lawyers who understand both the law and the technology behind it.

As education continues to evolve in the digital age, the need to protect student privacy has never been more urgent. Ensuring legal compliance is only the baseline—institutions must also earn and maintain trust.

Whether you’re a student, policymaker, or future solicitor, the message is clear: understanding data privacy in education is not optional—it’s essential.

Do you think educational institutions should be allowed to use behavioural data to predict academic performance? Join the discussion in the comments or reach out with your views.