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Privacy, Digital and Higher Ed. IANAL. Outline. HIPPA FERPA Canvas Internet generally The future. HIPPA. Health Insurance Portability and Accountability Act of 1996.
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Outline • HIPPA • FERPA • Canvas • Internet generally • The future
HIPPA • Health Insurance Portability and Accountability Act of 1996
Where must HIPAA be observed in higher education? The answer is anywhere that personally identifiable patient information is stored or transmitted.
FERPA • Family Educational Rights and Privacy Act • Three major purposes: • Right to inspect and review education records • Right to request corrections to educational records • Written permission to release information from educational record
Right to release information • Really the crux of what you are interested in • Generally understood that grades are personal
Directory Information UVU Policy #542 • Name of student • Telephone number of student • Hometown city and state of student • Verification of current enrollment • Dates of enrollment • Degrees conferred, dates, major or field of concentration and honors received
Owasso v. Falvo • Student required to hand paper for peer grading and call out grade • Falvo asserted that violated FERPA
Group work “As noted in the NPRM, 73 FR 15576, the Court held in Owasso that peer grading does not violate FERPA because ``the grades on students' papers would not be covered under FERPA at least until the teacher has collected them and recorded them in his or her grade book.'‘”
As suggested by the Supreme Count in Owasso, 534 U.S. at 435, FERPA is not intended to interfere with a teacher's ability to carry out customary practices, such as group grading of team assignments within the classroom. Just as FERPA does not prevent teachers from allowing students to grade a test or homework assignment of another student or from calling out that grade in class, even though the grade may eventually become an education record…
From Supreme Court arguments, the permanence of the record seems to be paramount • “Correcting a classmate’s work can be as much a part of the assignment as taking the test itself.” • Also applies to “memory aids”
S.A. v Tulare • K-12 case • Parent demanded all e-mails relating to the child • School had deleted some e-mails; parent felt that had violated FERPA
S.A. v Tulare • “Emails, like assignments passed through the hands of students, have a fleeting nature. An email may be sent, received, read, and deleted within moments”. • “FERPA does not contemplate that education records are maintained in numerous places”. http://slotelaw.com/sites/default/files/Tulare_email_case_08-1215.pdf
FERPA and Digital We agree that students should not be penalized for opting out of directory information disclosures. Indeed, an educational agency or institution may not require parents and students to waive their rights under FERPA, including the right to opt out of directory information disclosures. http://www.gpo.gov/fdsys/pkg/FR-2008-12-09/html/E8-28864.htm
FERPA and Digital On the other hand, we do not interpret FERPA to require educational agencies and institutions to ensure that students can remain anonymous to others in the school community when using an institution's electronic communications systems. http://www.gpo.gov/fdsys/pkg/FR-2008-12-09/html/E8-28864.htm
FERPA and Digital As a result, parents and students who opt out of directory information disclosures may not be able to use electronic communications systems that require the release of the student's name or electronic identifier within the school community. http://www.gpo.gov/fdsys/pkg/FR-2008-12-09/html/E8-28864.htm
Georgia Tech vs. Wikis • School wikis or Swikis • Proof of enrollment
Canvas • Pretty standard • Discuss some potential soft points
Recent privacy scandals • And there are many
Aggregation of data • The undiscovered country • Messy because of the transactional nature we want privacy to have • Irony is that we spend more time worried about FERPA than this
Questions? • Thank you for coming!
