Penalty Amount
$750,000
Consumers Affected
237,000
College Board licensed student data to third parties and used it for marketing without proper consent, violating New York law. The settlement requires College Board to pay $750,000 and prohibits future commercial use of student data from school-administered exams.
College Board must pay $750,000 in penalties and is prohibited from using New York student data for commercial purposes or soliciting students during exams.
In-house legal teams should review all agreements where College Board collects or shares student data, including vendor contracts with schools/school districts, data processing agreements with third parties (e.g., colleges, scholarship programs), and marketing/service agreements. Key clauses to scrutinize are data licensing provisions, consent mechanisms for promotional use, restrictions on commercial exploitation of exam data, and any language permitting sharing of personally identifiable information from PSAT/SAT/AP exams. Changes needed include inserting explicit prohibitions against licensing student data for commercial purposes, requiring opt-in consent for any marketing use, ensuring compliance with New York education privacy statutes, and adding audit rights for schools to monitor data usage.
Entity
College Board
Industry
EducationOfficial Press Release
https://ag.ny.gov/press-release/2024/attorney-general-james-and-nysed-commissioner-rosa-secure-750000-college-board
237005691618 l ;!!Ke5ujdWW74OM!6TSXCxA1K2tb6OafE3RTECjS10bWQ
https://urldefense.com/v3/__https:/lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsInVybCI6Imh0dHBzOi8vYWcubnkuZ292L3NpdGVzL2RlZmF1bHQvZmlsZXMvc2V0dGxlbWVudHMtYWdyZWVtZW50cy9jb2xsZWdlLWJvYXJkLXN0dWRlbnQtcHJpdmFjeS1hb2QucGRmIiwiYnVsbGV0aW5faWQiOiIyMDI0MDIxMy45MDE1MjIzMSJ9.uUDVbyM8CO7963joE7irzbpQAKkALnt-IwuZM_W9w4M/s/959752070/br/237005691618-l__;!!Ke5ujdWW74OM!6TSXCxA1K2tb6OafE3RTECjS10bWQ28IrSweOpJmU2Z_lKvwFFdtTb8gJsJGtxQwdEwhSZUuQHsakUPJSdbVEe-tsGf8trP_c3qzb1e6$
New York Attorney General Enforcement Page
https://ag.ny.gov/press-releases
"College Board"
"must pay $750,000 in penalties"
"College Board improperly licensed the information of more than 237,000 New York students"
"College Board improperly used student data for its own marketing"
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