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Family Educations Rights and Privacy Act (FERPA)

Another reminder that student privacy matters: Student doxing through FERPA loopholes

Today Inside Higher Ed wrote an excellent article about the relationship of the Family Educational Rights and Privacy Act (FERPA) and the recent doxing of Harvard students. In short, it was easy to dox the students based on information the college published — legally — about them. FERPA was supposed ...

Without Consent: An analysis of student directory information practices in U.S. schools, and impacts on privacy

Without Consent is the first major benchmarking privacy report to examine school directory information practices and related privacy issues in a multi-year study across more than 5,000 schools at the primary, secondary, and postsecondary levels. The research found troubling and challenging student privacy problems that need to be urgently addressed. The report contains extensive findings and recommendations regarding student privacy, and includes best practices, sample forms, and resources for schools, parents, and students.

Did I just sign a permission slip that lets an in-school dental clinic extract my child's teeth? Navigating student and school health privacy

A Baltimore mom was surprised and unhappy recently when her son came home from school missing three teeth. The source? A mobile dental clinic at a Baltimore city public school had extracted some of her son’s teeth that day. The mother didn’t realize it, but she had already consented to the dental work through signing a permission slip/release form.

(Updated) Urgent for California Parents: Detailed student SSNs, medical information to be released by a court

Update for March 3, 2016: This week a judge has ordered that the approximately 10 million records of California students held by the California Department of Education will not be turned entirely over to a group of community nonprofits in the Morgan Hill case. Instead, the judge ordered that several ...

WPF files comments on new FERPA student health privacy guidance

The World Privacy Forum filed comments to the US Department of Education regarding its student health privacy guidance published August 18, 2015. The World Privacy Forum supports the DoE guidance, which clarifies how universities and colleges are to handle sensitive student medical records in cases of non-medical litigation. The guidance ...

Student Privacy 101: Why school directory information sharing is a major student privacy issue

Most parents and students do not know that under the law as it is now, Directory Information about students can be shared with third parties without parental or student consent. The Family Educational Rights and Privacy Act determines what kinds of information schools can share with third parties. Although directory information may sound innocuous, it can include information about each student that is quite detailed. Directory information can include:

Student Privacy 101: Health Privacy in Schools --What law applies?

Schools increasingly provide students with more health services. Health clinics, counselors on site, administration of drugs, and vaccinations are among the types of healthcare offered on school campuses ranging from kindergarten through graduate school. Given that schools may have sensitive health information, what law covers health record privacy for school records? The answer is important. It is also messy, because two laws can apply to this information. In some cases, no privacy law applies to the health records.

WPF Files Comments on Deeply Flawed FERPA Proposal

Educational Privacy and FERPA -- The WPF filed detailed comments on the U.S. Department of Education\'s notice of proposed changes to the Family Educational Rights and Privacy Act. WPF has concerns that the increased sharing of student information that the proposed rule will allow will diminish student privacy in a significant and permanent way. WPF is urging the DOE to amend its proposed rule to establish increased privacy protections for sensitive student information held in databases and elsewhere.

Public Comments: May 2011 - Notice of Proposed Rulemaking for the Family Educational Rights and Privacy Act FERPA

The WPF filed detailed comments on the U.S. Department of Education's notice of proposed changes to the Family Educational Rights and Privacy Act. WPF has concerns that the increased sharing of student information that the proposed rule will allow will diminish student privacy in a significant and permanent way. WPF is urging the DOE to amend its proposed rule to establish increased privacy protections for sensitive student information held in databases and elsewhere.

Major Changes Weaken FERPA

Educational Privacy -- The Family Educational Rights and Privacy Act of 1974, FERPA, has been amended substantially. The proposed amendments have been published and are open for comment until May 23, 2011. The current changes impact students' medical, educational, and informational privacy interests. WPF will be filing detailed comments on FERPA, including how the proposal interacts with California privacy laws. We will be posting additional materials on commenting soon.

Top Ten Opt Out list updated

Opt-out and how-to -- The popular WPF Top Ten Opt Out List has been newly updated. We have added a new section to our list with step by step details on how to opt out of RapLeaf. We encourage consumers to view any of their profiles that exist at RapLeaf and to opt out of RapLeaf permanently. We have also updated the phone numbers and other information on the rest of our opt out list. To see more, visit our Opt Out List.

New privacy rules for schools released; World Privacy Forum comments had positive impact for student and parent privacy

School privacy | FERPA -- In May 2008 the World Privacy Forum submitted detailed comments on proposed changes to the Family Educational Rights and Privacy Act regulations (FERPA). The FERPA regulations are the rules that control how schools treat and release student information. The final FERPA regulations have now been published and reveal that the World Privacy Forum comments had a positive impact. The new regulations agreed with WPF's comment that if a school requests a Federal tax return from a parent, that the parent has the right to redact all financial information from the form, and affirmed that the school does not have a requirement to ask for the tax form in the first place. The regulations also agreed with the WPF comment that the risk of re-identification of published student information is cumulative, and made recommendations that educational institutions take into account all releases of student information it has made, not just new releases.

World Privacy Forum files comments on proposed changes to FERPA; requests changes to protect student and parent privacy

FERPA -- The U.S. Department of Education has published proposed changes to its FERPA regulations, FERPA standing for the Family Educational Rights and Privacy Act. FERPA is a significant regulation that controls how students' school records and "directory" information may be shared. The proposed regulations have one item the WPF is supporting, which is that SSNs are not considered part of the directory information. However, other aspects of the proposed regulation still need work to adequately protect students' and parents' privacy interests. The WPF commented in particular that schools should not be allowed to request and then store a full tax refund from parents in order to prove students' eligibility. The Forum also requested that students' electronic identifiers are not included in the definition of directory information. One area of substantial concern is that the Department of Education has not expressly provided that students who opt-out of having their directory information shared should not be penalized for opting out. Currently, the proposed regulations may be read to suggest that schools may be able to deny benefits, services, or even required activities to students who have exercised the right to opt-out of the publication of directory information. FERPA comments may be filed until close of business Eastern time May 8, 2008.

Public Comments: May 2008 - Proposed changes to FERPA don't protect student and parent privacy

FERPA comments: WPF is concerned about the U.S. Department of Education's proposed changes to its FERPA regulations, FERPA standing for the Family Educational Rights and Privacy Act. FERPA is a significant regulation that controls how students' school records and "directory" information may be shared. The proposed regulations have one item the WPF is supporting, which is that SSNs are not considered part of the directory information. However, other aspects of the proposed regulation still need work to adequately protect students' and parents' privacy interests. The WPF commented in particular that schools should not be allowed to request and then store a full tax refund from parents in order to prove students' eligibility. The Forum also requested that students' electronic identifiers are not included in the definition of directory information. One area of substantial concern is that the Department of Education has not expressly provided that students who opt-out of having their directory information shared should not be penalized for opting out. Currently, the proposed regulations may be read to suggest that schools may be able to deny benefits, services, or even required activities to students who have exercised the right to opt-out of the publication of directory information..

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