FERPA

With the rapid advancement of generative AI technologies, university faculty must understand how these tools intersect with privacy laws, such as the Family Educational Rights and Privacy Act (FERPA). This page aims to provide a comprehensive overview of these laws and their implications for the use of generative AI in educational settings.

Introduction to FERPA

Enacted in 1974, FERPA protects the privacy of student education records. It gives parents certain rights regarding their children's education records, which transfer to the student when they reach 18 years of age or attend a school beyond the high school level.

Key Provisions of FERPA

FERPA:

  • Education Records: Include records, files, documents, and other materials that contain information directly related to a student and are maintained by an educational agency or institution.
  • Directory Information: Information contained in an education record that would not generally be considered harmful or an invasion of privacy if disclosed.
  • Rights Under FERPA: Parents and eligible students have the right to inspect and review the student's education records, request the amendment of records they believe are inaccurate or misleading, and have some control over disclosing personally identifiable information from education records.

Generative AI and Compliance with FERPA

Generative AI technologies, such as those used for creating educational content, chatbots, or data analysis tools, can potentially handle large amounts of personal and sensitive information. Faculty members must ensure that using these technologies complies with FERPA regulations.

Considerations for FERPA Compliance:

  1. Student Consent: Obtain explicit consent from students before using their education records with AI tools, unless the data falls under directory information.
  2. Data Minimization: Use only the minimum amount of data necessary for the AI application to function effectively.
  3. Third-Party Agreements: Ensure that any third-party AI service providers comply with FERPA and have appropriate data protection measures in place.

Best Practices for Faculty

  1. Training and Awareness: Educate yourself and your colleagues about the basics of FERPA related to generative AI.
  2. Data Governance: Establish clear policies and procedures for handling and processing sensitive information with AI tools.
  3. Regular Audits: Conduct regular personal audits to ensure compliance with privacy laws and identify potential vulnerabilities in your data handling practices.
  4. Transparency: Be transparent with students about how their data will be used and the measures in place to protect their privacy.

Conclusion

Generative AI holds great potential for enhancing educational experiences and administrative efficiency in colleges and universities. However, it is crucial for faculty to carefully navigate the intersection of these technologies with privacy laws such as FERPA. By following best practices and maintaining a strong commitment to data privacy, educators can leverage the benefits of AI while safeguarding the rights and privacy of students and patients.