Student Privacy: Implications for Pharmaceutical Education

Abstract

ability of others to access those same records, except as otherwise authorized by the law (20 USC §1232g). Students are granted various rights under numerous federal laws, including the right to privacy of their educational records. Certain information, known as “directory information,” can be released without student consent, whether express or implied. Excluding a few exceptions, other educational records are considered private and may not be disclosed. Recent legislation allows governmental review of educational records without a student’s consent or documentation of the fact that the record was reviewed by a governmental agency. Students, and their parents, under certain circumstances, have the right to review their educational records and institute hearings to correct record errors. While the issue of fairness regarding student grades may not be challenged under the provisions of the Family Education Rights and Privacy Act (FERPA), the accuracy of these records may in fact be contested under this federal law. Courts have ruled that students cannot bring a private action to seek damages against colleges for violating FERPA; however, students may raise claims of violation of their rights to privacy under state privacy laws or states’ constitutional law. To date, no college has been penalized through the loss of federal funds for breaching this privacy law. The law applies to all schools that receive any federal funds under an applicable program of the US Department of Education. FERPA gives parents certain rights with respect to their children’s education that transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level (otherwise known as an “eligible student” and hereinafter referred to as “student(s)”).