EPIC logo

Footnotes - "Privacy of Education Records" a This paper was origionally submitted to the National Center for Education Statistics, US Department of Education.

1Policy Analyst, Electronic Privacy Information Center Editor, The International Privacy Bulletin, Juris Doctor, Law and Public Policy, Columbus School of Law, The Catholic University of America, 1993.

220 USC 1232g(1993), regulations at 34 CFR 99 (1993).

3For the purposes of this paper, the term student will refer to any party that can legally access the files, either the student if they are over 18 or at a postsecendary institution, or the parent of a minor of legally incompacitation student.

45 USC 552(a)

55 USC 552

6For the purpose of this paper, the term school will apply to either.

7Zall v. State, 602 A.2d 1247 (Md. 1992).

842 USC 1983 (1992). See Krebs v. Rutgers, 797 F. Supp. 1246 (D.NJ 1992).

9Franklin v. Gwinnett Co. Public Schools, 503 US ___, 112 S.Ct 1028, 117 L.Ed.2d 208 (1992). The case allowed for monetary damages for the intention violation of Title IX of the Education Amendments of 1972. See Johnson, Managing Student Records: The Courts and the Family Education Rights and Privacy Act of 1974, 79 Education Law Reporter 1 (Feb. 1993).

10See Office of Technology Assessment, Protecting Privacy in Computerized Medical Information. US Government (1993).

11The Board of Education of the City of New York v. Regan, 500 N.Y.S.2d 978 (Supp 1986) (Chief financial officer of state not de facto educational officer entitled to get list of names suitable for special program)

12See Kestenbaum v. Michigan State University, 294 N.W. 2d 228 (1980), Krauss v. Nassau Community College,. Supra.

13Krauss v. Nassau Community College, 469 N.Y.S.2d 553 (Sup. 1983).

14See 58 Federal Register 65,298 (December 14, 1993), comments due by Feb. 14, 1994.

15Zaal v. State, 602 A.2d 1247 (Md. 1992).

16 Krebbs v. Rutgers, 797 F. Supp 1246 (D.N.J. 1992)

17Tax Reform Act of 1976, Pub. L 94-455, Section 1211, 42 USC [[section]] 405 (c)(2)(c).

[18]S. Report No. 1183, 93rd Congress., 2nd Sess., (cited in Krebbs v. Rutgers)

19Greidinger v. Davis, 627 F.2d 494 (4th Cir. 1993)

20Office of Technology Assessment, Protecting Privacy in Computerized Medical Information 64-65 (1993) (cited in Amicus brief of Public Citizen and Computer Professionals for Social Responsibility, STATE OF OHIO ex rel.BEACON JOURNAL PUBLISHING CO., et al. v. CITY OF AKRON, No. 93-2012 (Supreme Court of Ohio, 1993)

21Neuffer, "Victims Urge Crackdown on Identity Theft," Boston Globe, July 9, 1991, at 13, 20, M. Quint, "Bank Robbers' Latest Weapobn: Social Security Numbers, N.Y. Times, Sept. 27, 1992 at 7, Y. Anwar, Thieves Hit Social Security Numbers, San Francisco Chron., Aug. 30, 1991, at A1.