FERPA
U.S. federal regulation protecting student education records privacy
Basel III
Global framework for bank capital, leverage, liquidity standards
Quick Verdict
FERPA protects U.S. student education records privacy via access, amendment, consent rights for schools receiving federal funds. Basel III mandates global bank capital, leverage, liquidity standards for financial stability. Schools ensure compliance to retain funding; banks build resilience against crises.
FERPA
Family Educational Rights and Privacy Act of 1974
Key Features
- Grants rights to inspect, amend, and consent to disclosures
- Protects PII in education records with broad linkability definition
- Mandates 45-day access response and annual notifications
- Enumerates exceptions for school officials and emergencies
- Requires detailed recordkeeping of all PII disclosures
Basel III
Basel III: Finalising post-crisis reforms
Key Features
- Higher CET1 capital minimums (4.5%) and quality standards
- Non-risk-based leverage ratio (minimum 3%) backstop
- Liquidity Coverage Ratio for 30-day stress survival
- Net Stable Funding Ratio for one-year stability
- Capital buffers with automatic distribution constraints
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
FERPA Details
What It Is
FERPA (Family Educational Rights and Privacy Act of 1974, 20 U.S.C. §1232g; 34 CFR Part 99) is a U.S. federal regulation establishing privacy protections for student education records. It applies to institutions receiving federal education funds, granting parents and eligible students rights to access, amend, and control PII disclosures via a consent-based model with enumerated exceptions.
Key Components
- Core rights: inspect/review (45 days), amend inaccurate records, consent to disclosures.
- Definitions: broad education records, expansive PII (direct/indirect/linkable identifiers), directory information.
- Obligations: annual notices, disclosure recordkeeping (§99.32), vendor controls as school officials.
- Exceptions: 15+ categories (e.g., legitimate educational interest, health/safety emergencies). Compliance enforced via complaints, audits, potential fund withholding.
Why Organizations Use It
Mandated for federal funding eligibility; mitigates breach risks, lawsuits, reputational harm. Builds stakeholder trust, enables safe data sharing/innovation, aligns with state laws.
Implementation Overview
Phased program: governance, data inventory, policies/training, RBAC/MFA/encryption, vendor DPAs, audits. Applies to K-12/postsecondary; no certification but ongoing FPCO oversight.
Basel III Details
What It Is
Basel III is the global regulatory framework by the Basel Committee on Banking Supervision (BCBS), introduced post-2007-2009 financial crisis. It enhances bank resilience via higher-quality capital, leverage constraints, and liquidity standards. Adopting a multi-metric, risk-based approach, it reduces reliance on single solvency indicators.
Key Components
- **Pillar 1Minimum capital ratios (CET1 4.5%, Tier 1 6%, Total 8%), leverage ratio (3%), LCR/NSFR (100%), plus buffers (CCB 2.5%, CCyB, G-SIB).
- **Pillar 2Supervisory review and ICAAP.
- **Pillar 3Standardized disclosures for RWA comparability. Built on Basel II with finalisation reforms like output floor; compliance via national laws, no certification.
Why Organizations Use It
Mandated for internationally active banks, it ensures regulatory compliance, curbs systemic risk, lowers funding costs, boosts resilience. Improves transparency, model risk management, stakeholder trust, and competitive positioning through better capital allocation.
Implementation Overview
Phased enterprise transformation: diagnostics, data/system upgrades, governance, training. Targets large banks globally; involves QIS, parallel runs, Pillar 3 reporting, ongoing supervisory engagement.
Key Differences
| Aspect | FERPA | Basel III |
|---|---|---|
| Scope | Student education records privacy | Bank capital, leverage, liquidity resilience |
| Industry | U.S. education institutions K-12/higher ed | Global banking and financial institutions |
| Nature | U.S. federal privacy law, funding-conditioned | International prudential standards, nationally implemented |
| Testing | Internal access/amendment processes, complaint investigations | Stress testing, ICAAP, supervisory reviews |
| Penalties | Federal funding withholding, complaints process | Fines, asset caps, business restrictions |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about FERPA and Basel III
FERPA FAQ
Basel III FAQ
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