Higher education institutions like UW–Madison are faced with increasingly complex challenges related to collection and protection of data about our students.
With the vast amounts of information collected–intentionally or unintentionally–through digital tools and services used for teaching, learning and other administrative purposes, the university must ensure that data is being collected and protected appropriately.
It’s important that the university judiciously makes use of data in order to improve educational outcomes and refine operations and practices. However, we must also remain vigilant about upholding the privacy protections to which students are entitled. One important consideration in protecting student privacy is the Family Educational Rights and Privacy Act (FERPA).
FERPA, first enacted in 1974, is a cornerstone of student privacy law in the US. It establishes the rights of students to inspect education records, and to consent to disclosures from those records to third parties (unless certain narrow exceptions apply). FERPA safeguards students from unwarranted privacy intrusions, while also enabling the University to make use of data for legitimate educational and operational purposes. FERPA defines education records broadly as records that contain information “directly related to a student,” even records about student employees with certain exceptions. Education records take many forms and exist in numerous campus systems (e.g., SIS, HRS, email, and school or college and instructor files).
Higher education institutions, like UW–Madison, may use FERPA-protected data to facilitate the appropriate educational work of the university. For example, data can help to:
- identify at-risk students, permitting opportunities for timely academic support.
- inform the development of targeted student services, such as advising or career counseling, designed to support student success.
FERPA permits such uses when data remains appropriately protected.
However, these possibilities come with substantial responsibility. We must ensure that collection and handling of data (whether by individuals or through the use of IT services) align with FERPA’s requirements for consent (where required), transparency, and the use of reasonable methods to ensure access to protected education records is appropriately controlled.
When used appropriately, student data can be a powerful resource for improving educational practices and supporting student achievement. Higher education professionals have the responsibility to ensure student privacy is protected. UW–Madison’s Data Governance Program is a key campus resource for helping to assure practices are aligned with relevant privacy considerations, including FERPA.