Standards Comparison

    FERPA

    Mandatory
    1974

    U.S. regulation protecting privacy of student education records

    VS

    NIST 800-171

    Mandatory
    2020

    U.S. framework for protecting CUI in nonfederal systems

    Quick Verdict

    FERPA protects student education records privacy in schools via consent and access rights, while NIST 800-171 secures CUI in contractor systems through controls and assessments. Schools ensure compliance for funding; contractors meet contract mandates for eligibility.

    Student Privacy

    FERPA

    Family Educational Rights and Privacy Act of 1974

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

    Key Features

    • Grants rights to inspect, amend, and consent to disclosures
    • Protects PII in education records with broad definitions
    • Allows exceptions for school officials and emergencies
    • Requires 45-day access response and annual notifications
    • Enforces compliance via federal funding withholding
    Controlled Unclassified Information

    NIST 800-171

    NIST SP 800-171: Protecting CUI in Nonfederal Systems

    Cost
    €€€€
    Complexity
    High
    Implementation Time
    12-18 months

    Key Features

    • Tailored controls for CUI confidentiality in nonfederal systems
    • Scoped to CUI-processing components and protective enclave
    • SSP and POA&M for implementation and remediation tracking
    • 17 families including supply chain risk management in r3
    • FedRAMP Moderate equivalence for cloud services

    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 rights to parents and eligible students for access, amendment, and control of personally identifiable information (PII) disclosures. Its risk-based approach balances privacy with educational needs via consent rules and exceptions.

    Key Components

    • Core rights: inspect/review (45 days), amend inaccurate records, consent to disclosures.
    • Definitions: broad education records and PII (direct/indirect identifiers).
    • Exceptions (15+): school officials, emergencies, directory info.
    • Obligations: annual notices, disclosure logs, vendor controls. Compliance model enforced by Department of Education via complaints and funding penalties.

    Why Organizations Use It

    Mandated for federal funding eligibility; mitigates breach risks, lawsuits, reputational harm. Builds stakeholder trust, enables safe data sharing for operations/research. Strategic benefits include efficient governance, vendor management, innovation in edtech.

    Implementation Overview

    Phased: governance, data inventory, policies/training, technical controls (RBAC, logging), vendor DPAs, audits. Applies to K-12/postsecondary; no certification but ongoing FPCO enforcement. Cross-functional effort for all sizes.

    NIST 800-171 Details

    What It Is

    NIST Special Publication (SP) 800-171 Revision 3 is a U.S. government security framework for protecting the confidentiality of Controlled Unclassified Information (CUI) in nonfederal systems. Its primary scope targets federal contractors and supply chains, using a control-based approach tailored from NIST SP 800-53 Moderate baseline.

    Key Components

    • 17 families (expanded from 14 in r2) with ~97-110 requirements covering access control, audit, configuration, and new areas like supply chain risk management.
    • Built on FIPS 200 and SP 800-53; requires System Security Plan (SSP) and Plan of Action and Milestones (POA&M).
    • Compliance via self-assessment or third-party audits using SP 800-171A procedures.

    Why Organizations Use It

    • Mandatory for DoD contracts via DFARS 252.204-7012; enables federal procurement eligibility.
    • Reduces CUI breach risks, builds supply chain trust, enhances cybersecurity maturity for CMMC Level 2.

    Implementation Overview

    • Phased: scoping CUI enclave, gap analysis, control deployment, evidence collection.
    • Applies to contractors handling CUI; audits via C3PAO or DoD. Small firms: 6-12 months; enterprises: 12-24+ months. (178 words)

    Key Differences

    Scope

    FERPA
    Student education records privacy
    NIST 800-171
    CUI confidentiality in nonfederal systems

    Industry

    FERPA
    Educational institutions (K-12, postsecondary)
    NIST 800-171
    Federal contractors, defense industrial base

    Nature

    FERPA
    Privacy regulation, funding-conditioned
    NIST 800-171
    Cybersecurity requirements, contract-mandated

    Testing

    FERPA
    Complaint-based investigations, self-compliance
    NIST 800-171
    SSP/POA&M assessments, CMMC audits

    Penalties

    FERPA
    Federal funding loss, complaints
    NIST 800-171
    Contract ineligibility, SPRS score impacts

    Frequently Asked Questions

    Common questions about FERPA and NIST 800-171

    FERPA FAQ

    NIST 800-171 FAQ

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