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Jun 23 2023
Is TalkingPoints FERPA, HIPAA, COPPA compliant 2023?

Does TalkingPoints meet all education privacy requirements for FERPA, HIPAA, COPPA compliance in 2023? No, and the onus is entirely on school administration to utilize the service only under certain circumstances, for example, by getting permission from legal guardianship, and by never disclosing any health related information. All schools must comply with privacy requirements for student personally identifiable information.

What is TalkingPoints? TalkingPoints is a cloud platform with enhanced translation, contextualized for education, using human translators and AI to translate messages into over 100 languages. Teachers can use a web browser or mobile app. With the parent mobile app, there is a text -to-speech feature that allows them to listen to the messages in their home languages. There’s no voice translation feature to use TalkingPoints to make phone calls. Here is an explanation for education compliance challenges:

  • Requires legal guardian permission, which could change over time, especially with migrants, for students under the age of 13.
  • “The School is solely responsible for, and represents and warrants it is in, compliance with COPPA and FERPA”.
  • “The School will not disclose any information to TalkingPoints that is protected health information (“PHI”) subject to the Health Information Portability and Accountability Act (“HIPAA”).
  • “Our product is not applicable for COPPA as our product does not require participation from children under 13. We are also exempt from CCPA as a nonprofit.“

TalkingPoints details under what circumstances their services are compliant for Education, however, the burden for compliance is on the educator to utilize correctly, not the service provider. Their intent is to comply, for example by not selling student information, but the responsibility for compliance is on the end users. Is it realistic for school administrators to expect 100% correct utilization of the service? During the Covid pandemic there were compliance exceptions for Emergency Use Authorization which ended effective May 9, 2023.

Resources:

  • https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
  • https://intercom.help/talkingpoints/en/articles/5423034-coppa-and-agreeing-to-message-students-13-only
  • https://intercom.help/talkingpoints/en/articles/5720590-allowing-teachers-staff-to-add-student-contacts-to-existing-students-on-talkingpoints-student-messaging
  • https://studentprivacy.ed.gov/training/ferpas-complaint-process-explained
  • https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa

ESG Safe is a distributor of exceptional B2B and B2G products and services. Our SaaS Language Interpreter and Translation solutions check all the compliance boxes you need for automated language translation and interpretation solutions. With nothing to download or install, staff can communicate immediately, anywhere.

Christine 0 Comments
Jun 23 2023
Is Google Translate FERPA compliant in 2023?

Is Google Translate FERPA compliant for education use? No, the publicly accessible Google Translate is not compliant with The Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 CFR Part 99. Any school that accepts federal funding by the U.S. Department of Education must comply with FERPA or risk funding loss.

Google Workspace for Education is FERPA compliant, however it does not include the Google Translate solution. Despite this, Google Translate is widely used in education. During the Covid pandemic there was an exception for Emergency Use Authorization which ended effective May 9, 2023. Google clearly explains their products are only compliant with FERPA when using Google Workspace for Education, a paid subscription service. Google Workspace for Education does include a solution for closed captioning, for example when using Google Slides.

Resources:

ESG Safe is a distributor of exceptional B2B and B2G products and services. Our SaaS Language Interpreter and Translation solutions check all the compliance boxes you need for automated language translation and interpretation solutions. With nothing to download or install, staff can communicate immediately, anywhere.

Christine 0 Comments
Jun 23 2023
Is Microsoft Translator FERPA compliant for education use?

Is Microsoft Translator FERPA compliant for education use? No, the publicly accessible Microsoft Translator is not compliant with The Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 CFR Part 99. Any school that accepts federal funding by the U.S. Department of Education must comply with FERPA or risk funding loss.

Microsoft details which products and under what circumstances their services are FERPA compliant for Education, however the covered items do not include the Microsoft Translator solution. During the Covid pandemic there was an exception for Emergency Use Authorization which ended effective May 9, 2023. Microsoft clearly explains their role in FERPA compliance in the resources link below.

Resources:

ESG Safe is a distributor of exceptional B2B and B2G products and services. Our SaaS Language Interpreter and Translation solutions check all the compliance boxes you need for automated language translation and interpretation solutions. With nothing to download or install, staff can communicate immediately, anywhere.

Christine 0 Comments