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Artificial Intelligence (AI): Privacy and AI

Family Educational Rights and Privacy Act

The risk of violating FERPA by entering student information into AI is real. Student information into AI tools and student interactions with AI tools may create records subject to FERPA rules. In May of 2023 the Office of Educational Technology released a report, Artificial Intelligence and the Future of Teaching and Learning Insights and Recommendationsthat examined the potential for instructor and student use of AI to inadvertently cross FERPA boundaries. Among other things, the report recommends the development of specific FERPA-related guidelines for the use of AI in higher education.

Cover of the report on artificial intelligence and the future of higher education

Privacy Issues

When using ChatGPT and other generative AI tools, be aware that inputting personal identifiable information (PII), confidential or propriety information, or legally protected data (HIPAA, FERPA) may have policy, legal, or ethical implications. Prompts and data are added to large language models by OpenAI and other organizations to train and refine their products. OpenAI provides clear Terms of Use (https://openai.com/policies/terms-of-use?trk=article-ssr-frontend-pulse_little-text-block) but not all developers do. What happens with data entered into a LLM is often proprietary and closely guarded.

     Avoid entering: