Lana Oconnell
In the United States, the Family Educational Rights and Privacy Act (FERPA) grants students the right to privacy. Under FERPA, a university may share information about a student's activities with their parents if the student is a dependent for tax purposes, or in the event of a health or safety emergency. Universities may also disclose information about a student's alcohol or drug use if the student is under 21. In the UK, universities may process and share sensitive personal data, such as criminal convictions, sexual orientation, and health information, but access to this data is controlled carefully.
| Characteristics | Values |
|---|---|
| Grades | May be shared |
| Year of matriculation and graduation | May be shared |
| Internship details | May not be shared |
| Dorm details | May not be shared |
| Country of citizenship | May be shared |
| Names of parents or guardians | May be shared |
| Expected graduation date | May be shared |
| Ethnicity | May be shared |
| Sexual orientation | May be shared |
| Religious beliefs | May be shared |
| Health/disability | May be shared |
| Past criminal convictions | May be shared |
| Working with children or vulnerable adults | May be shared |
| Fitness to practice in certain regulated professions | May be shared |
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What You'll Learn
Students' rights under FERPA
The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, became law in November 1974. It protects the privacy of personally identifiable information in a student's educational record. FERPA grants students (whether they are international or US residents/citizens) the right to privacy and access to their educational records.
FERPA applies to any educational institution that receives federal funding, encompassing public schools and the majority of private institutions. It also applies to educational agencies or institutions that receive funds from programs administered by the US Department of Education. This includes public schools, school districts, and postsecondary institutions such as colleges and universities.
Under FERPA, students aged 18 or older can access their educational records and decide whether to share them with their parents. Schools must accommodate inspection requests within 45 days and may charge a copying fee. Students have the right to request amendments if records contain inaccurate or misleading information or violate their privacy. Schools must also maintain a list of individuals or organizations that have accessed a student's educational records, which can only be accessed by authorized personnel.
There are exceptions to FERPA's privacy rights. For instance, schools may disclose information to parents without student consent if the student is a dependent for tax purposes or in health and safety emergencies. Additionally, FERPA permits schools to inform parents of students under 21 about violations of laws or policies concerning alcohol or controlled substances. Schools may also disclose personally identifiable information to school officials, such as teachers, who have a legitimate educational interest in the information.
It is important to note that not every document that names or refers to a student is considered a FERPA record. The record must directly relate to the student and be maintained by an educational agency, institution, or a person acting for such entities.
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Directory information
In the United States, the Family Educational Rights and Privacy Act (FERPA) determines what kinds of information schools can share with third parties. Under FERPA, schools can disclose directory information about students without parental or student consent, unless there is an opt-out on file. Each college has its own definition of "directory information", which may include:
- Student ID number, user ID, or other unique personal identifiers.
- Phone numbers and physical home addresses.
- Country of citizenship, names of parents or guardians, and expected graduation date.
- Major, year of graduation, extracurricular activities, and membership in fraternities or sports teams.
Students and parents can opt out of directory information sharing by filling out an opt-out form and submitting it to the school. However, the timing of the opt-out window is usually very brief, often only a few days or weeks at the beginning of the school year. It's important to note that FERPA only covers educational records and there may be exceptions to privacy rights, such as when a student is claimed as a dependent on a parent's income tax return or when university officials have a legitimate need to access the information.
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Personal information
In the United States, the Federal Education Record Privacy Act (FERPA) gives students the right to privacy in their educational records. This right begins when a student enrolls and continues even after they graduate or leave the institution. Under FERPA, educational institutions may share student information with agencies, vendors, or individuals to conduct studies, evaluate programs, enforce legal requirements, or respond to health or safety emergencies. FERPA also allows universities to share student information with contractors, volunteers, or other individuals performing services for the university.
FERPA generally prohibits the nonconsensual disclosure of information from educational records, but there are exceptions. For example, FERPA permits universities to disclose information to parents or legal guardians of students under 21 if the student has violated any laws or policies regarding alcohol or controlled substances. Schools may also disclose information to parents without the student's consent if the student is a dependent for tax purposes. Additionally, FERPA includes "Directory Information," which has less strict privacy controls and can include the student's name, address, phone number, email address, dates of attendance, and degrees granted. Students can request that this directory information be kept confidential.
Outside of FERPA, universities may collect and process various types of personal information about their students. This can include sensitive data such as ethnicity, sexual orientation, religious beliefs, health or disability status, and even criminal records, especially for certain courses of study. Universities typically have strict access controls for such sensitive information, limiting it to staff with legitimate interests, such as providing care or making adjustments.
Universities also collect and process personal information for administrative purposes, such as delivering and managing a student's education, recording placements and achievements, and supporting welfare and religious requirements. This information is often stored and transmitted securely in various formats, including databases shared between the university and its colleges. Universities should always prevent the inadvertent disclosure of personal data, such as a student's attendance, to unauthorised third parties. They should also be cautious when dealing with enquiries from embassies or high commissions, as students may choose to have limited contact with representatives of their home states.
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Parental access
In the United States, the Family Educational Rights and Privacy Act (FERPA) gives students the right to privacy in higher education institutions. This means that universities cannot disclose personally identifiable information from education records without written consent. However, there are several exceptions to this rule, which allow universities to share student information with parents or legal guardians.
FERPA permits universities to disclose student information to parents or guardians if the student is a dependent for tax purposes. Additionally, if the student is under the age of 21 and has violated any laws or policies regarding alcohol or controlled substances, the university can notify the parents or guardians. In the case of a health or safety emergency, FERPA also allows universities to share student information with parents without the student's consent. Furthermore, each university has its own definition of "directory information," which may include the student's name, address, phone number, email address, dates of attendance, and expected graduation date. This information can be disclosed to parents upon request, especially if the student is listed as a dependent.
It is important to note that FERPA rights transfer from the parents to the student when the student turns 18 or enrols in a postsecondary institution at any age. Students have the right to restrict access to their information and can file a privacy form to give permission to the university to share selected information with specific individuals. Universities are required to notify students of their FERPA rights annually and ask if they are dependent students for tax purposes.
In exceptional circumstances, universities can disclose student information without the student's consent if there is a concern for their 'vital interests', indicating a high risk of significant harm. This is permitted under data protection laws, and the student should be made aware of the disclosure whenever possible.
Universities often receive requests from parents for their child's personal data, particularly from those contributing to tuition fees. While students have a right to privacy, universities must comply with data protection laws when disclosing information to parents, relatives, or third parties. It is recommended that universities take down the details of the request, the requester, and the student before making any disclosures.
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Data sharing with external organisations
In the United States, the Family Educational Rights and Privacy Act (FERPA) provides certain rights to parents regarding their children's educational records. Once a student turns 18 or attends a post-secondary institution, they become an "eligible student" and all rights under FERPA transfer from the parent to the student. FERPA generally prohibits the non-consensual disclosure of information derived from educational records, except in certain circumstances. For instance, FERPA permits the disclosure of information to parents without the consent of the eligible student if the student is a dependent for tax purposes or in cases of health or safety emergencies.
FERPA also allows educational institutions to share student information with external organisations, such as agencies, vendors, or individuals, under specific conditions. These conditions include conducting studies, auditing or evaluating programs, enforcing or complying with federal legal requirements, and responding to health or safety emergencies. Additionally, FERPA permits data sharing with contractors, volunteers, or other individuals providing services to the educational institution.
Furthermore, universities may process and share "sensitive" or "special category" personal data, which requires additional protections. This includes information about ethnicity, sexual orientation, religious beliefs, health or disability, and, in some cases, past criminal convictions. This sensitive data is carefully controlled, and students are typically informed about its use. Universities may also share information with external organisations for contractual, statutory, or public interest purposes, such as delivering education, recording studies, and confirming academic achievements.
It is important to note that each college or university may have its own specific policies and definitions regarding the sharing of student information with external organisations. Students have the right to request that their directory information be kept confidential, and institutions may refuse to disclose such information without the student's consent.
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Frequently asked questions
FERPA stands for the Family Educational Rights and Privacy Act. It provides certain rights for parents regarding their children's educational records. Once a student turns 18 or attends a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student.
FERPA permits universities to disclose information to parents without the consent of the student if the student is a dependent for tax purposes. Universities may also disclose information in health or safety emergencies, or if the student (under 21) has violated any law or policy concerning the use or possession of alcohol or a controlled substance.
Yes, universities may share student information with external organisations in certain circumstances. For example, with agencies, vendors, or individuals to conduct studies, evaluate programs, or comply with legal requirements. Universities may also share data with contractors, volunteers, or individuals performing services for the institution.
Sensitive personal data includes information about ethnicity, sexual orientation, religious beliefs, health/disability, and criminal convictions. Access to and the sharing of sensitive data are carefully controlled.
Universities can verify and check certain details of a student's educational career such as grades, year of matriculation, and graduation. However, information about internships and dorm details may not be readily available and could fall under data overreach.
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