FERPA
U.S. federal regulation protecting student education records privacy
GDPR UK
UK regulation for personal data protection and privacy
Quick Verdict
FERPA protects US student education records via access rights and disclosure limits for schools, while GDPR UK mandates broad personal data governance for all UK organizations. Schools comply with FERPA for federal funding; businesses adopt GDPR UK to avoid massive fines and build trust.
FERPA
Family Educational Rights and Privacy Act (FERPA)
Key Features
- Grants rights to inspect, amend, and consent to disclosures
- Expansive PII definition including linkable indirect identifiers
- Enumerated exceptions for non-consensual disclosures like school officials
- Requires 45-day access timelines and annual notifications
- Mandates disclosure logs and recordkeeping for compliance proof
GDPR UK
UK General Data Protection Regulation (UK GDPR)
Key Features
- Seven core data processing principles with accountability
- Enforceable individual data subject rights
- Risk-based security and 72-hour breach notification
- Mandatory DPIAs for high-risk processing
- Controller-processor contracts and international transfers
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), codified at 20 U.S.C. §1232g and 34 CFR Part 99, is a U.S. federal regulation establishing privacy protections for student education records. Its primary purpose is safeguarding personally identifiable information (PII) in records maintained by federally funded educational agencies and institutions. FERPA uses a rights-based approach with consent requirements, exceptions, and enforcement via funding leverage.
Key Components
- Core rights: inspect/review within 45 days, amend inaccurate records, consent to PII disclosures.
- Definitions: broad education records and PII (direct/indirect identifiers).
- Exceptions: school officials with legitimate interests, directory information, health/safety emergencies.
- Compliance: annual notices, disclosure logs, vendor controls. No formal certification; enforced by Department of Education.
Why Organizations Use It
Mandatory for federal funding recipients to avoid penalties like fund withholding. Enhances trust, mitigates breach risks, supports safe edtech/vendor use, enables data-driven operations while protecting reputation.
Implementation Overview
Phased program: governance, data inventory, policies/training, access controls, vendor DPAs, monitoring. Applies to K-12/postsecondary institutions; involves cross-functional teams, ongoing audits, no external certification.
GDPR UK Details
What It Is
UK GDPR (UK General Data Protection Regulation) is the UK's post-Brexit adaptation of the EU GDPR, a binding regulation enforced by the Information Commissioner’s Office (ICO). It establishes a risk-based, accountability-focused framework for protecting personal data of individuals in the UK, applying to controllers and processors established in the UK or targeting UK residents.
Key Components
- **Seven core principleslawfulness, purpose limitation, data minimisation, accuracy, storage limitation, integrity/confidentiality, and accountability.
- **Data subject rightsaccess, rectification, erasure, restriction, portability, objection, automated decisions.
- **Controller/processor obligationsrecords (RoPA), contracts, security, DPIAs.
- No formal certification; compliance via demonstrable governance and ICO enforcement (fines up to 4% global turnover).
Why Organizations Use It
- Mandatory legal compliance for UK data processing.
- Mitigates fines, reputational damage, civil claims.
- Builds trust, enables secure innovation, supports cross-border operations.
Implementation Overview
- Phased: gap analysis, RoPA, policies, training, DPIAs, audits.
- Applies to all sizes handling UK personal data; ongoing monitoring required.
Key Differences
| Aspect | FERPA | GDPR UK |
|---|---|---|
| Scope | Student education records and PII privacy | All personal data processing activities |
| Industry | US educational institutions receiving federal funds | All sectors processing UK personal data |
| Nature | US federal law with funding-based enforcement | Mandatory UK regulation with ICO fines |
| Testing | Disclosure logs and internal compliance reviews | DPIAs, audits, and continuous monitoring |
| Penalties | Federal funding withholding and restrictions | Fines up to 4% global turnover |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about FERPA and GDPR UK
FERPA FAQ
GDPR UK FAQ
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