Legal Frameworks Governing Digital Education: A Review of Data Privacy, Intellectual Property, and Student Rights

Authors

  • Dennis P. Petri Faculty of Social Sciences, Latin American University of Science and Technology, San José, Costa Rica

Keywords:

Digital education, data privacy, intellectual property, student rights, legal governance

Abstract

The rapid expansion of digital education has transformed teaching and learning by integrating online platforms, artificial intelligence (AI), cloud computing, and data-driven educational technologies into contemporary educational systems. While these innovations have enhanced accessibility, flexibility, and instructional efficiency, they have also generated complex legal challenges concerning data privacy, intellectual property, and the protection of student rights. This narrative review examines the evolving legal frameworks governing digital education by synthesizing current literature on international regulatory standards, national legislative approaches, and emerging governance practices. The review explores legal mechanisms for protecting educational data, regulating AI-enabled learning systems, safeguarding intellectual property in digital content creation, and ensuring students' rights to privacy, accessibility, inclusion, academic freedom, and procedural fairness. It further evaluates emerging regulatory challenges associated with cross-border digital education, cybersecurity, automated decision-making, and adaptive legal governance. The findings indicate that fragmented regulatory approaches are insufficient to address the multidimensional legal implications of rapidly advancing educational technologies. Instead, effective governance requires harmonized international standards, rights-based educational policies, transparent AI regulation, and integrated institutional compliance strategies. The review concludes that legally robust and ethically grounded governance frameworks are essential for promoting secure, equitable, and accountable digital education ecosystems while supporting sustainable technological innovation. These insights provide valuable guidance for policymakers, educational institutions, technology developers, and researchers seeking to strengthen future legal governance in digitally connected learning environments.

 

Downloads

Published

2026-07-25

Issue

Section

Articles