Caution: Read the Terms of Use

There are many data visualization tools on the market. Modern software and cloud-based services, including those powered by artificial intelligence (AI), offer attractive, powerful, time-saving capabilities for producing data visuals. However, as with most software, there are risks.

Always read the terms of use. Know what happens to your data and whether your organization’s policy allows for the specified uses. Pay special attention to the tool’s privacy policy due to the sensitive nature of the data in our field. Reading the terms of use and understanding your contractual relationship are important because:

1. Companies have different data-handling practices. For example, some tools may store data in the cloud, whereas others may let you store the data locally. Likewise, some tools let you retain complete ownership of the data, whereas others use the data for their own purposes.
2. Freemium models are widespread but have hidden risks. Data visualization tools are sometimes available for free. Public organizations may be tempted to use free versions to save costs. However, free tools often come with limited features, automatic third-party data-sharing, and strict terms of use that may not let you retain data ownership. Conversely, paid, licensed software generally offers better data protection (higher data encryption standards, user access controls, etc.). As the saying goes, if you are not paying for the product, you are the product.
3. Data privacy and confidentiality are not always guaranteed, especially in free software versions. Laws and regulations such as IDEA, FERPA, and HIPAA require maintenance of children’s privacy and confidentiality. Know how privacy and confidentiality are treated before using new software or websites. Consider de-identifying or anonymizing data before uploading the data to a third-party service, especially when using free versions. Consider whether you need to aggregate and suppress small group sizes according to your organization’s policy. Also consider containerizing your data with third parties — that is, creating separate, isolated environments for each application or service to prevent conflicts and inadvertent data connections that could re-identify children.
4. AI tools like OpenAI’s ChatGPT, Google’s Gemini, Microsoft’s Copilot, and Anthropic’s Claude often train their models on the data you input. If you are not careful, these tools may immediately and irrevocably retain the data you upload. If you pay for a license, the terms of use are more likely to prevent this from happening, but sometimes even the terms of use for paid licenses allow companies to use the data after a certain period of time. This may be true of other data visualization software as well. Moreover, use caution when adding personally identifiable information to a private/closed AI tool, and never add child-level data to a public/open AI model.

Ultimately, data visualization and AI software is no different than any other vendor relationship when it comes to IDEA/FERPA/HIPAA privacy laws and regulations. Whether you purchase a license, sign a contract, or simply “agree” to use a tool, read the terms of use. Follow your data governance procedures just as you would with any other software. DaSy staff are available to help you sort out the pros and cons of using different data visualization tools. But when it comes to understanding the terms of use, you may wish to seek legal counsel. It’s time-consuming but critical when dealing with sensitive data. An ounce of prevention is worth a pound of cure.

For more guidance on maintaining children’s privacy when using online services and on the responsibilities of third-party service providers, consider the following resources from the Privacy Technical Assistance Center (PTAC).

• Protecting Student Privacy While Using Online Educational Services: Requirements and Best Practices
• Protecting Student Privacy While Using Online Educational Services: Model Terms of Service
• Responsibilities of Third-Party Service Providers Under FERPA