Comments on: Privacy flags raise concern for graduate students

By: Sheila

Sheila — Sat, 13 Mar 2010 22:45:21 +0000

I just came across a letter that might be relevant to the original post. It’s from August 2001 when LeRoy S. Rooker was the Director of the Family Policy Compliance Office. Here’s the intro w/link to full text below excerpt:

[This is in response to your August 4, 2000, letter, addressed to Deputy Secretary Frank Holleman, in which you asked that the Department interpret the Family Educational Rights and Privacy Act (FERPA) in such a way that universities may disclose to a union representing student graduate assistants who teach undergraduate classes personally identifiable information from the education records of such individuals. I have been asked to respond to your letter to the Deputy Secretary because, know, this Office administers FERPA. This also serves to respond to your July 14th letter to this Office, and as a follow-up to our July 19th meeting, on this issue.]

http://www2.ed.gov/policy/gen/guid/fpco/ferpa/library/aft.html

By: jd

jd — Fri, 12 Mar 2010 14:41:54 +0000

Wow. My wife is a TA, and now any creepazoid with an internet connection can find out our phone number and where we live. Nice going, UK.

By: Sheila

Sheila — Fri, 12 Mar 2010 02:16:42 +0000

FERPA directory information can also give out photos, Email addresses, height, weight. There are no restrictions on how this information is used. Student’s identifying information is sometimes categorized, profiled and sold by databrokers (list brokers). There are no record retention schedules. No third party language. The Fair Information Practice Principles that protect adults are not applied to Directory Information.

FERPA protects the education record. Not the personal and sensitive information about the student. The bill text contradicts itself. Just recently the director of the Family Compliance Office (oversees the law) was fired for whistle blowing. He said the department was not protecting student privacy. He is right. It’s an ugly mess.

The Family Compliance Office also oversees PPRA. When Spitzer was the New York AG he took action against an education company selling personal information about students. You can’t sell it under PPRA but you can get it for free and then sell it under FERPA. The PPRA lawsuit was bumped up to the FTC and settled. The orders are what need to be applied to FERPA Directory Information. Either that or the same protection be applied as is applied to education records. (not personal information).

Of course one can opt-out of allowing their information be included in directory information. Families and students are discouraged to do this — they are told if they opt out their child’s name can’t be in a yearbook or a newspaper story. Directory Information should categorized. I doubt most parents are aware of how the information is used. I know here in NY no one knows… as is the case nationally except in a couple of school districts (Plano, Texas and another Texas district — probably a couple more.)

This is the same law that protects K-16 (and perhaps pre-k).

There needs to be a GAO report to audit the 50 states’ compliance to FERPA. And Leahy’s databroker bill would do a great service for children including them as consumers — especially since they are marketed.