FERPA
U.S. regulation protecting privacy of student education records
NIST 800-171
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.
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 definitions
- Allows exceptions for school officials and emergencies
- Requires 45-day access response and annual notifications
- Enforces compliance via federal funding withholding
NIST 800-171
NIST SP 800-171: Protecting CUI in Nonfederal Systems
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
| Aspect | FERPA | NIST 800-171 |
|---|---|---|
| Scope | Student education records privacy | CUI confidentiality in nonfederal systems |
| Industry | Educational institutions (K-12, postsecondary) | Federal contractors, defense industrial base |
| Nature | Privacy regulation, funding-conditioned | Cybersecurity requirements, contract-mandated |
| Testing | Complaint-based investigations, self-compliance | SSP/POA&M assessments, CMMC audits |
| Penalties | Federal funding loss, complaints | Contract ineligibility, SPRS score impacts |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about FERPA and NIST 800-171
FERPA FAQ
NIST 800-171 FAQ
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