Standards Comparison

    FERPA

    Mandatory
    1974

    U.S. federal regulation protecting student education records privacy

    VS

    ISO 27701

    Voluntary
    2019

    International standard for privacy information management systems

    Quick Verdict

    FERPA mandates student record privacy for U.S. schools via federal enforcement, while ISO 27701 provides voluntary PIMS certification for global PII governance. Schools adopt FERPA to retain funding; organizations choose ISO 27701 for auditable privacy compliance and market trust.

    Student Privacy

    FERPA

    Family Educational Rights and Privacy Act (FERPA)

    Cost
    €€€
    Complexity
    High
    Implementation Time
    6-12 months

    Key Features

    • 45-day right to inspect and review education records
    • Prior written consent for PII disclosures with exceptions
    • Expansive linkable PII definition preventing re-identification
    • School officials access via legitimate educational interest
    • Mandatory annual notification of rights and procedures
    Privacy Management

    ISO 27701

    ISO/IEC 27701:2025 Privacy Information Management

    Cost
    €€€
    Complexity
    High
    Implementation Time
    6-12 months

    Key Features

    • Establishes Privacy Information Management System (PIMS)
    • Controller and processor-specific privacy controls
    • Extends and integrates with ISO 27001 ISMS
    • Annex mappings to GDPR and other regulations
    • Three-year certification with surveillance audits

    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, 20 U.S.C. § 1232g; 34 CFR Part 99) is a U.S. federal regulation establishing privacy protections for student education records. It grants rights to parents and eligible students for access, amendment, and control over personally identifiable information (PII) disclosures. Scope covers educational agencies/institutions receiving federal funds, using 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), exceptions (school officials, emergencies).
    • Compliance via policies, logs, vendor controls; enforced by 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 in edtech. Strategic benefits include operational efficiency, vendor governance.

    Implementation Overview

    Phased approach: governance, data inventory, policies/training, technical controls (RBAC, logging), vendor DPAs. Applies to K-12/postsecondary; no certification but DOE audits/enforcement. Typical for mid-large institutions: 6-12 months initial rollout.

    ISO 27701 Details

    What It Is

    ISO/IEC 27701:2025 is the international standard for establishing, implementing, maintaining, and improving a Privacy Information Management System (PIMS). It extends the ISO 27001 ISMS with privacy-specific requirements for PII controllers and processors, using a risk-based, PDCA management system approach.

    Key Components

    • Clauses 4–10: Context, leadership, planning, support, operation, evaluation, improvement.
    • **Annex A/BController/processor controls (e.g., lawful basis, DSARs, transfers).
    • Mappings to GDPR (Annex D), ISO 27002.
    • Certification via accredited audits, three-year cycle with surveillance.

    Why Organizations Use It

    • Demonstrates accountability for global privacy laws (GDPR, LGPD).
    • Reduces risks, builds supply-chain trust.
    • Enables procurement differentiation, regulatory evidence.

    Implementation Overview

    • Phased: gap analysis, controls, audits.
    • Applies to all PII-processing orgs; 6-12 months typical.
    • Integrated audits if ISO 27001-certified.

    Key Differences

    Scope

    FERPA
    Student education records and PII privacy
    ISO 27701
    Privacy Information Management System (PIMS) for all PII

    Industry

    FERPA
    U.S. educational institutions receiving federal funds
    ISO 27701
    All industries worldwide processing PII

    Nature

    FERPA
    Mandatory U.S. federal regulation with funding enforcement
    ISO 27701
    Voluntary international certification standard

    Testing

    FERPA
    Complaint-based investigations by Dept. of Education
    ISO 27701
    Third-party certification audits with surveillance

    Penalties

    FERPA
    Federal funding withholding and corrective actions
    ISO 27701
    Loss of certification, no direct legal penalties

    Frequently Asked Questions

    Common questions about FERPA and ISO 27701

    FERPA FAQ

    ISO 27701 FAQ

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