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.

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..

Health Care Innovations workshop — The World Privacy Forum will be speaking at an upcoming FTC workshop on the topics of medical identity theft, personal health records, and direct-to-consumer genetic tests and marketing. The workshop is April 24, 2008. Workshop information is available at the FTC web site.

Behaviorally targeted advertising | FTC proposed rules — The World Privacy Forum filed comments in response to the Federal Trade Commission’s proposed self-regulatory guidelines for companies targeting online advertising to consumers based on consumer behaviors. The WPF requested a separate, formal rulemaking process for determining how sensitive medical information should be handled online regarding behaviorally targeted advertisements. The WPF also discussed genetic data and requests for genetic tests, and noted that genetic information should be included in any definition of sensitive medical information. The WPF reiterated that the definition of personally identifiable information should include IP address, and encouraged the FTC to work from a rights-based approach regarding online advertising. The WPF also urged the FTC to include all fair information practices in any self-regulatory regime, and to enforce the regime directly.

The World Privacy Forum filed comments in response to the Federal Trade Commission’s proposed self-regulatory guidelines for companies targeting online advertising to consumers based on consumer behaviors. The WPF requested a separate, formal rulemaking process for determining how sensitive medical information should be handled online regarding behaviorally targeted advertisements. The WPF also discussed genetic data and requests for genetic tests, and noted that genetic information should be included in any definition of sensitive medical information. The WPF reiterated that the definition of personally identifiable information should include IP address, and encouraged the FTC to work from a rights-based approach regarding online advertising. The WPF also urged the FTC to include all fair information practices in any self-regulatory regime, and to enforce the regime directly.