Does FERPA Allow Disclosure of Aggregated Data?
The Family Educational Rights and Privacy Act (FERPA) is a federal law in the United States that protects the privacy of student education records. One of the most common questions regarding FERPA is whether it allows the disclosure of aggregated data. In this article, we will explore the extent to which FERPA permits the sharing of such information.
Understanding FERPA
FERPA was enacted in 1974 to ensure that students’ educational records are kept confidential and to provide students with access to their own records. The law applies to all educational institutions that receive funding from the U.S. Department of Education, including public and private schools, colleges, and universities. Under FERPA, schools are required to obtain written consent from students before disclosing personally identifiable information (PII) from their education records.
What is Aggregated Data?
Aggregated data refers to information that has been compiled and summarized in a way that does not reveal the identity of individual students. This type of data is often used for statistical purposes, such as analyzing trends in student performance or identifying areas where educational resources may be needed. Examples of aggregated data include the number of students who passed a particular course, the average grade in a class, or the percentage of students who are male or female.
FERPA and Aggregated Data
Does FERPA allow disclosure of aggregated data? The answer is yes, FERPA does permit the sharing of aggregated data without the need for student consent. This is because aggregated data does not contain PII and, therefore, does not violate the privacy rights of individual students. However, there are certain conditions that must be met when sharing aggregated data:
1. The data must be compiled and summarized in a way that does not reveal the identity of individual students.
2. The data must be used for statistical purposes or for the purpose of improving educational services.
3. The data must not be used to identify or track individual students.
Limitations and Considerations
While FERPA allows the disclosure of aggregated data, it is important to note that there are limitations and considerations to keep in mind:
1. Schools must still comply with other privacy laws and regulations, such as the Health Insurance Portability and Accountability Act (HIPAA) and the General Data Protection Regulation (GDPR).
2. Aggregated data should be used responsibly and with the best interests of students in mind.
3. Schools should ensure that any third parties receiving aggregated data are also bound by confidentiality agreements and adhere to FERPA guidelines.
Conclusion
In conclusion, FERPA does allow the disclosure of aggregated data without the need for student consent. However, schools must ensure that the data is compiled and summarized in a way that does not reveal the identity of individual students and that it is used for legitimate educational purposes. By adhering to these guidelines, educational institutions can protect the privacy of students while still sharing valuable information for the betterment of education.
