Research data for a third party that’s easily traceable to a particular student can still violate ferpa law

General
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research data for a third party that’s easily traceable to a particular student can still violate ferpa law.

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LectureNotes said research data for a third party that’s easily traceable to a particular student can still violate FERPA law.

Answer:

Yes, @LectureNotes is correct. The Family Educational Rights and Privacy Act (FERPA) is a federal law in the United States that protects the privacy of student education records. Under FERPA, schools are required to have written permission from the parent or eligible student to release any information from a student’s education record. However, there are some exceptions to this rule, such as disclosures to school officials with legitimate educational interests, other schools to which a student is transferring, or in connection with financial aid.

Key Points to Understand FERPA Compliance:

  1. Identifiable Information: FERPA defines “personally identifiable information” (PII) as data that can be used to identify a student. This includes, but is not limited to, the student’s name, address, social security number, and other information that, alone or in combination, can be linked to a specific student.

  2. Research Data: When conducting research, especially if it involves third parties, it is crucial to ensure that the data cannot be traced back to individual students. Even if the data does not explicitly contain names or direct identifiers, other information might still make it possible to identify students, which would be a violation of FERPA.

  3. De-identification: To comply with FERPA, data should be de-identified. This means removing or obscuring all identifiable information. Techniques include anonymization, where all direct identifiers are removed, and pseudonymization, where identifiers are replaced with pseudonyms.

  4. Third-Party Access: When sharing data with third parties, it is essential to have agreements in place that ensure the third party will protect the data in accordance with FERPA regulations. This includes ensuring that the third party does not re-identify the data or use it for unauthorized purposes.

  5. Institutional Responsibility: Schools and institutions are responsible for ensuring that any research data shared with third parties complies with FERPA. This means they must have policies and procedures in place to protect the privacy of student records.

  6. Parental and Student Rights: Parents and eligible students have the right to inspect and review the student’s education records maintained by the school. They also have the right to request that a school correct records they believe to be inaccurate or misleading.

Conclusion:
In summary, research data that can be traced back to a particular student can indeed violate FERPA law. It is imperative to ensure that all data shared with third parties is de-identified and that proper agreements and safeguards are in place to protect student privacy. Schools and researchers must be diligent in their efforts to comply with FERPA to avoid legal repercussions and protect student information.