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smcdonal's blog
A Few Things about E-FERPA
Probably no statute affects higher education more, but is understood less, than the Family Educational and Privacy Rights Act, or “FERPA,” the primary federal law that regulates how we handle our records about our students. And that is no doubt especially true when it comes to electronic records (which for some reason seem to baffle us in almost every context). Data Privacy Month seems a good time to clear up some of the most common misunderstandings:
1. FERPA makes no distinction between electronic and other records. FERPA governs all records that we maintain about our students, be they written on paper; captured in film, photographs, or audiotape; made up solely of electrons; or, for that matter, carved into stone tablets, and it governs them in exactly the same way. At least for purposes of FERPA, the medium is not the message.
