The Privacy Act of 1974

Paper Summary:

This paper analyzes the Privacy Act of 1974. It discusses the purpose of the Act and then focuses on how it related to educational institutions in addition to federal agencies, specifically the Family Educational Rights and Privacy Act of 1974 (FERPA). The paper also outlines the four basic policy objectives put forward by the Department of Justice in the original 1974 legislation.

Table of Contents:
Introduction
Additional Background Into Federal Responses To Citizen Privacy Issues
The Family Educational Rights and Privacy Act of 1974 (FERPA)

From the Paper:

"The DOE fact sheet informs schools and other interested parties, however, that because of terrorist attacks, amendments made in 2002 to FERPA throw the privacy clauses pretty much out the window. New regulations allow educational institutions to disclose - "without the consent or knowledge of the student or parent" - any person private information on any individual student that the Attorney General of the United States requests. It goes further: under the FERPA's amended policies (20 U.S.C. 1232g(b)(4) C.F.R. 99.32) the school official who discloses personal information to an agency of the federal government (responding to an ex parte order) does not have to record that he or she made that disclosure."

Sample of Sources Used:

• Fischer, Karin. (2007). Education Dept. Offers Guidance on Student Privacy. Chronicle of Higher Education, 54(11), 23-23.
• Hermes, J.J. (2007). Congress Mulls Change in Student-Records Law to Help Prevent Violence. Chronicle of Higher Education, 54(6), 22-22.
• Rooker, LeRoy S. (2002). Recent Amendments to Family Educational Rights and Privacy Act Related to Anti-Terrorism Activities. The United States Department of Education. Retrieved Feb. 13, 2008, from http://www.ed.gov/offices/OM/fpco.
• Rotenberg, Marc. (2007). Technology and Privacy. Human Rights: Journal of the Section of Individual Rights &Responsibilities. Georgetown University Law Center, Issue 1, 19-19.
• Toglia, Thomas. (2007). How does FERPA Affect You? Tech Directions, 67(2), 32-35.

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