August 22, 2024 | less than a minute read

Reflecting on FERPA's 50th Anniversary and the Future of Student Data Privacy

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Treesineu McDaniel

Associate

Get in touch

Treesineu McDaniel

Associate

In virtually all areas of the law, we commonly accept that social changes outpace the law's ability to address the vast nuances that occur in daily living. This challenge is pretty well demonstrated in governing technology. Technology is marked by rapid and sometimes abrupt and disruptive change that can significantly alter the way we go about normal daily activities. By the time law makers, usually far removed from the industry, take hold of a given technology's fundamentals, there are several leaps that have taken place in the interim. Reflecting on the 50th anniversary of the centerpiece of student data privacy, FERPA, we see how many steps forward have been taken since its last amendment over a decade ago. This article explores some suggestions for where FERPA may be going next.

With the advent of education technology, FERPA is really showing its age. Though it has changed slightly since its enactment, the last congressional update was over a decade ago, and regulations from the Department of Education are also woefully outdated. (Updates to the regulations from the Department are frequently said to be imminent, but as of this writing, none are public.) Privacy concerns have steadily increased over the last few decades, as technology continues to develop and make increasingly intrusive incursions into every aspect of life. While FERPA does provide at least some protections for students — unlike, say, consumers in general — the fact is, it does not mandate adequate safeguards.

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