Privacy
Georgia State University is committed to maintaining the privacy of every student.
STUDENT RECORDS | SOCIAL SECURITY NUMBERS
STUDENT RECORDS
Federal Law
In 1974, Congress enacted the Family Educational Rights and Privacy Act (20 U.S.C § 232g; 34 C.F.R. Part 99, and subsequent amendments in the USA Patriot Act), otherwise known as FERPA or the Buckley Amendment. FERPA provides students (or anyone they grant consent) the right to inspect their educational records and simultaneously prohibits their disclosure to unauthorized third parties. To inspect his or her education records, a student must file a written request with the individual who has custody of the records that the student wishes to inspect (University Registrar, Academic Dean, Department Chair, Director of University Housing, etc.). FERPA requires the educational institution to produce the records within 45 days of the request. If a student believes his or her education records contain inaccurate or misleading information or information which violates the student’s right to privacy, the student may request the institution amend the records.
An educational institution’s disclosure of a student’s educational records is lawful if it is made (1) to the student, (2) to a person or entity with the student’s written consent or (3) within the regulatory definition of records that may be disclosed without the prior consent of the student (Authority: 20 U.S.C. 1232g (a) (5) (A), (b) (1), (b) (2), (b) (4) (B), and (f)).
To whom does FERPA apply? Institutions of higher education that receive federal funding through the US Department of Education.
What are educational records as defined by FERPA? Any recorded information that is directly related to a student that is maintained by the educational institution.
What records are not educational records under FERPA? Directory information; grade books and faculty instructional materials; law enforcement records if maintained separate from educational records, solely for enforcement purposes and disclosed only to law enforcement officials; employment records (except if employed as a result of student status); records containing information about an individual after he/she is no longer a student; and records made or used in connection with treatment of the student by a physician, psychiatrist, or other professional and disclosed only to the professional.
What is directory information? Information in educational records which would not be considered harmful or an invasion of privacy if released. Examples include: the student’s name; address; telephone number; date and place of birth; major field of study; participation in officially recognized activities and sports; height; weight; age; hometown; hobbies; and general interest items of members of athletic teams; dates of attendance; degrees and awards applied for and/or received; and previous educational institutions attended by the student. Students may Request to Suppress Directory Information through the Office of the Registrar.
What if the educational institution violates FERPA? The Department of Education is authorized to investigate and review potential violations. Its website provides additional information about FERPA. If a complaint is valid, the department will recommend steps for the institution to take to come into compliance. If the institution does not come into compliance, the department can terminate the allocation of federal funds to the institution. In general, FERPA prohibits the institution from exhibiting a policy of denying, or effectively preventing, the right to inspect and review education records.
Georgia Law
O.C.G.A. § 50-18-72.
Title 50, Article 4. (Inspection of Public Records), provides exemptions from public disclosure including records required by the federal government to be kept confidential.
University Policy
The Student Code of Conduct addresses the privacy of student records in § 12.0 PRIVACY OF STUDENT RECORDS
Students may Request to Suppress Directory Information through the Office of the Registrar.
The General Catalogs address student’s access to their records in the Access to Student Records Section of Academic Regulations.
The Faculty Handbook also addresses student’s access to their records in §401.07 Access To Student Records
SOCIAL SECURITY NUMBERS
Federal law protects the privacy of individual social security numbers (SSNs) by limiting the conditions under which they are collected, used, and disclosed. Protection of SSNs helps to protect personal privacy and to avoid fraud and identity theft. Georgia State University is committed to protecting the privacy of its students. The University complies with FERPA requirements and redacts SSNs from records disclosed because of requests made through Georgia ’s open records laws.
Federal Law
The Privacy Act of 1974 (5 U.S.C. § 552a) is the federal law that regulates the use of SSNs. This law makes it illegal for federal, state, and local government agencies to deny any rights, privileges or benefits to individuals who refuse to provide their SSNs unless the disclosure is required by federal statute, or the disclosure is to an agency for use in a record system which required the SSN before 1975.
The law also requires that any federal agency that requests your Social Security Number provide a disclosure statement stating:
- the authority that authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary;
- the principal purposes for which the information is intended to be used;
- the routine uses which may be made of the information, and the effects on you, if any, of not providing all or any part of the requested information.
The U. S. government website for information about identity theft.
Board of Regents Policy on SSNs can be found in § 402.0305 SOCIAL SECURITY NUMBERS