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Refeds ferpa v0 02
Refeds ferpa v0 02
Refeds ferpa v0 02
Refeds ferpa v0 02
Refeds ferpa v0 02
Refeds ferpa v0 02
Refeds ferpa v0 02
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Refeds ferpa v0 02

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Andrew Cormack's presentation to REFEDS, Prague 2011.

Andrew Cormack's presentation to REFEDS, Prague 2011.

Published in: Education, Technology
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  • Directory Information: “information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed”. Includes, but not limited to: “the student's name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status ( e.g. undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors and awards received; and the most recent educational agency or institution attended. ... a student ID number, user ID, or other unique personal identifier used by the student for purposes of accessing or communicating in electronic systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a personal identification number (PIN), password, or other factor known or possessed only by the authorized user.”
  • Transcript

    • 1. DPD meets FERPA Andrew Cormack Chief Regulatory Adviser [email_address]
    • 2. The Laws on PII
      • Data Protection Directive (EU)
      • All individuals
      • All organisations
      • Varied national implementations
      • FERPA (USA)
      • Students only
      • State funded education organisations only
    • 3. The Similarities
      • Right to inspect/correct PII held
      • PII protected by process and technology
      • Disclosure only for defined purposes
        • FERPA has a detailed list
        • DPD has higher-level justifications
        • Broadly similar effect
    • 4. The (Major) Differences 1
      • FERPA “Directory Information”
        • “ Not considered harmful or an invasion of privacy”
        • May include, but not limited to
          • Name; address; phone, e-mail, photograph; date/place of birth
          • Subject, grades, status, dates of attendance, degrees & awards
          • Official activities and sports, athletes’ weight and height
          • Student ID number, user ID, other ID (but not password)
        • School/college defines and declares own list
        • Publication allowed unless student opts out
        • No restriction on further re-use by others
    • 5. The (Major) Differences 2
      • FERPA allows disclosure to parents
        • (Financially) Dependent students up to age 24
        • Alcohol/drug issues up to age 21
      • FERPA allows disclosure of violent or sexual crimes
      • DPD allows non-written consent
      • DPD rules on de-identified/re-coded data
        • Interpretation inconsistent even within Europe 
    • 6. What to Do?
      • FERPA doesn’t seem to require disclosure
        • Need opt-out process for Directory Info anyway
          • Could treat EU students as opted out
          • Or minimise definition of Directory Info
        • Do other laws require disclosure?
      • FERPA may permit DPD compliance
        • But no formal process for recognising this 
        • DPD revision (2011) may help, or not
    • 7.  

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