Beyond FERPA: Safeguarding Student Data Is Key Obligation for Postsecondary Educational Institutions

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Most institutions of higher education are very familiar with the Family Educational Rights Protection Act (FERPA), which applies to all state and local, public and private educational institutions that receive federal funds through programs administered by the U.S. Department of Education (ED). Unless at least one of FERPA’s exceptions applies, institutions risk sanctions from ED – including the potential loss of all federal funding – if they disclose a student’s personally identifiable information (PII) from an education record without the student’s express prior written consent.  Beyond FERPA, higher education institutions have additional legal responsibilities to assiduously secure and protect student data from inadvertent disclosure, particularly financial information maintained by an institution regarding students or their families.

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