LSAT Score Confidentiality
LSAC Privacy Policies for Personally Identifiable LSAT Scores and Other Student Data
LSAC has enumerated a set of policies on privacy, data retention, and confidentiality that apply to all personally identifiable test taker information collected and stored by the organization. All test scores become the property of LSAC and are kept indefinitely. But the scores are not available to third parties in most cases unless the student consents to have them released, in a law school application, for example. There are, however, some exceptions to this policy.
LSAC uses third-party vendors to provide various services, including payment processing, test center administration, and customer service, and these companies sometimes require access to student data. Another exception to LSAC's privacy policies is compliance with a legal proceeding, and data from a candidate's file may be released due to a subpoena or court order. More information on score confidentiality is available on the LSAC website (www.lsac.org) under the headings "Privacy Policy" and "LSAC Data Retention and Confidentiality."
LSAC Uses of Aggregate Data
Unlike LSAC's policies regarding individual student data, their policies for uses of aggregate student information—data sets that cannot be associated with specific individuals—are less restrictive. Aggregate data may be disclosed for marketing purposes, to conduct research, or to inform policy choices. Students are allowed to opt out of direct marketing and promotional communications from LSAC.
Public disclosure of aggregate data benefits test takers in several ways. Scholars from outside the organization can help identify issues associated with test fairness, validity, and development, leading to proposed solutions and a potentially improved exam. Law school applicants can learn the average scores of their peers, which is invaluable for setting their own LSAT score goals. Educators can also use LSAT data to refine their admissions policies and recruiting practices, helping future lawyers end up in the best programs for them.
LSAC's Candidate Referral Service
The Candidate Referral Service (CRS) offers prospective law students the opportunity to be recruited by individual law schools. The CRS involves voluntary disclosure of LSAT scores, undergraduate GPA, age, country of citizenship, race, and ethnicity, allowing law schools to search for candidates based on specific criteria within those categories. Students who sign up for the CRS agree to share their information with, and receive promotional materials from, participating institutions and organizations.
Law school applicants should carefully consider if they are comfortable with this arrangement and its effects on score confidentiality before signing up for the CRS. Consent may be withdrawn later, but this will most likely involve contacting each institution individually and opting out according to their policies.
LSAT Score Confidentiality and the Law
Federal laws have not been able to keep pace with the rapidly advancing technology used to disseminate information through various digital channels. This is a very complex issue, but it seems to currently be perfectly legal in certain contexts in much of the U.S. for organizations to disclose individuals' personally identifiable information. However, this does not mean testing organizations such as LSAC are actually doing so.
A few states have taken it upon themselves to address this situation. In California, for example, it is against the law for testing entities to share information with third parties for marketing purposes if the student has opted out. It is worth mentioning that the burden is placed on the test taker rather than on LSAC. Prospective law students interested in this issue may wish to view the Center for Democracy & Technology's website (https://cdt.org/). The non-profit organization tracks legislative proposals and litigation in this area, as well as the related topics of internet security, internet architecture, and free online expression.
Privacy and the LSAC Website
The LSAC website uses cookies to track visitors for stated purposes such as improving user experience, assessing the popularity of different features, and preventing security threats. Users have the option of disabling cookies with their browsers, but this may adversely affect website functionality. The LSAC website also uses Google Analytics, but users may install the Google opt-out browser add-on via an available link.