CCPA
California regulation granting consumers rights over personal data
FERPA
U.S. regulation protecting student education records privacy
Quick Verdict
CCPA empowers California consumers with data rights against businesses, while FERPA protects student education records in schools. Companies adopt CCPA for CA compliance and market trust; schools implement FERPA to safeguard funding and privacy.
CCPA
California Consumer Privacy Act (CCPA)
Key Features
- Consumer rights to know, delete, correct personal information
- Opt-out of sales/sharing via GPC and links required
- Applies to businesses with $25M revenue or 100K CA consumers
- Fines up to $7,500 per intentional violation enforced
- Mandatory notices at collection and privacy policies
FERPA
Family Educational Rights and Privacy Act (FERPA)
Key Features
- Protects PII in education records from unauthorized disclosure
- Grants rights to inspect, amend, and consent to disclosures
- Requires annual notifications of rights to parents/students
- Mandates recordkeeping of all PII requests and disclosures
- Defines exceptions for school officials and emergencies
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
CCPA Details
What It Is
The California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), is a state regulation establishing consumer privacy rights for California residents. It applies to for-profit businesses meeting thresholds like $25M annual revenue or handling data of 100K+ consumers. Primary purpose: empower consumers with control over personal information (PI) via rights-based approach, including opt-out of sales/sharing and limits on sensitive PI.
Key Components
- Core consumer rights: know/access, delete, correct, opt-out of sales/sharing, limit sensitive PI use.
- Obligations: notices at collection, privacy policies, DSAR handling within 45 days, vendor contracts, GPC honoring.
- Enforcement by CPPA and Attorney General with $2,500-$7,500 fines per violation; private action for breaches.
- No certification; compliance via audits and documentation.
Why Organizations Use It
Mandatory for qualifying businesses to avoid fines, litigation, reputational damage. Provides risk mitigation, data governance efficiency, consumer trust, market differentiation. Aligns with GDPR-like practices for scalability.
Implementation Overview
Phased: scoping/gap analysis (0-3 months), policies/contracts (1-4 months), technical controls (2-6 months), operationalization/training, ongoing audits. Targets tech/retail/finance with CA ties; requires data mapping, automation tools like OneTrust.
FERPA Details
What It Is
FERPA (Family Educational Rights and Privacy Act), codified at 20 U.S.C. § 1232g and 34 CFR Part 99, is a U.S. federal regulation. It protects the privacy of student education records and personally identifiable information (PII) for institutions receiving federal education funds. FERPA employs a rights-based approach with consent rules, exceptions, and compliance obligations.
Key Components
- Core rights: inspect/review, amend inaccurate records, consent to disclosures.
- Key definitions: education records, PII (direct/indirect identifiers), directory information.
- Disclosure rules: general consent plus 15+ exceptions (e.g., school officials, emergencies).
- Compliance model: annual notices, disclosure logs, no formal certification but DOE enforcement.
Why Organizations Use It
- Mandatory for federal fund recipients to avoid penalties like fund withholding.
- Mitigates legal/reputational risks from breaches.
- Builds stakeholder trust, enables safe data sharing.
- Supports operations like vendor management and analytics.
Implementation Overview
- Phased: governance, data inventory, policies, training, technical controls, audits.
- Applies to K-12/postsecondary receiving funds; scalable by size.
- Focus: RBAC, logging, vendor contracts; no external certification required.
Key Differences
| Aspect | CCPA | FERPA |
|---|---|---|
| Scope | Consumer personal information rights and business obligations | Student education records privacy and parental rights |
| Industry | For-profit businesses meeting CA thresholds, global reach | Educational institutions receiving federal funds, US-wide |
| Nature | Mandatory state regulation with fines and private actions | Mandatory federal law enforced via funding withholding |
| Testing | Internal audits, risk assessments, no mandatory certification | Compliance reviews, disclosure logs, no formal certification |
| Penalties | $2,500-$7,500 per violation plus breach damages | Federal funding loss, corrective actions, vendor bans |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about CCPA and FERPA
CCPA FAQ
FERPA FAQ
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