> Ina Schiff states:
> Assuming that the facts are that a professor finds a Nexis story
> concerning a student, downloads the information to some form of
> paper or electronic storage, and then reads the story to a class
> without the student's consent, the professor has another problem
> in addition to putative state law libel, invasion of privacy, or
> intentional or negligent infliction of emotional distress claims --
> a violation of the federal Family Educational Rights and Privacy
> Act, 20 U.S.C. 1232(g).
>
> Once the professor acquired information concerning a student
> presently under the professor's instruction and then created
> a record (whether temporary or not) concerning that student,
> the record created arguably became an educational record within
> the meaning of 20 U.S.C. 1232(g) and 34 C.F.R. 99. Disclosure
> to third parties of such records or of the information contained
> in them is prohibited without the consent of the student or under
> certain conditions specified by . . . .
I am very skeptical that a print out of a Nexis article by a
professor with a student's name is an "educational record" within the
Family Educational Rights and Privacy Act or that publication of
information already in the public domain would be a violation. Am I
way off base?
Harvey Perlman
Received on Sun Feb 06 1994 - 14:40:10 GMT
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