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U.S. Privacy Law

Bringing FERPA Up to Grade

The Family Educational Rights and Privacy Act (FERPA) was enacted in 1974 to protect the privacy of student education records. While FERPA provides essential privacy safeguards, it also includes provisions that allow certain student information to be shared with third parties, particularly under the guise of “directory information.” With the increasing concerns surrounding personal data in the digital age, many argue that FERPA’s exceptions undermine its original intent. In an era where other U.S. privacy laws are tightening restrictions on the sharing of personal information, FERPA’s provisions are lagging, leaving students vulnerable to privacy breaches that would be impermissible in other contexts.