Adobe Spark provides a free, premium, and education version of its product with two different account types: an Adobe ID, or an Enterprise or Federated ID. The account and content of Adobe IDs are owned and controlled by the student, not the school and are better suited to higher education or adult students over 13 years of age. The Enterprise or Federated ID accounts and content are owned and controlled by the school, not the student, and they are required if used by primary or secondary schools with students in K-12 under 18 years of age.
The terms state Adobe cannot agree to act as a ‘school official’ for FERPA purposes as the user agreement is with the individual student, not with the school. However, Adobe's terms state they will respond to data access, correction, and deletion requests about user account information made by an authenticated student. In addition, students can self-access, correct, and delete their own stored content at any time.
Enterprise or Federated ID
The terms state Adobe contractually agrees to act as ‘school official’ for FERPA purposes, and to secure student data accordingly. As a data processor for the school, Adobe's terms state they give schools the tools they need to promptly respond to account data access, correction, and deletion requests submitted to them by students or their parents. However, only schools, not students, are empowered to access, correct, and delete student accounts and stored content.
Educators should be aware the FTC’s guidance indicates that an operator such as Adobe acting as a ‘school official’ does not need to obtain direct consent from parents of students using the service—even if they are under the age of 13. COPPA allows schools to act as either as an intermediary for parental consent or “the parent’s agent in the process of collecting personal information online from students in the school context,” where the operator collects users’ personal information only for the use and benefit of the school.