FERPA
U.S. federal regulation protecting student education records privacy
NIST 800-53
U.S. federal catalog of security and privacy controls
Quick Verdict
FERPA mandates student record privacy for U.S. schools via access, consent, and disclosure rules, enforced by funding loss. NIST 800-53 offers voluntary security/privacy controls for federal systems. Schools comply with FERPA legally; agencies adopt 800-53 for robust risk management.
FERPA
Family Educational Rights and Privacy Act of 1974
Key Features
- Grants rights to access, amend, and control disclosures of PII in education records
- Expansive PII definition including contextual re-identification from indirect identifiers
- Enumerated exceptions to consent like school officials and health emergencies
- Mandates 45-day timeline for inspection and review requests
- Requires annual notices and detailed disclosure recordkeeping logs
NIST 800-53
NIST SP 800-53 Rev. 5 Security and Privacy Controls
Key Features
- 20 control families integrating security and privacy
- Risk-based baselines for low/moderate/high impact
- Outcome-based controls with tailoring and overlays
- Supply Chain Risk Management dedicated family
- OSCAL machine-readable formats for automation
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 safeguarding student education records privacy. It applies to institutions receiving federal education funds, granting parents/eligible students rights to access, amend inaccurate records, and consent to PII disclosures. Approach: consent-based governance with enumerated exceptions and strict recordkeeping.
Key Components
- Core rights: inspect/review within 45 days, amend misleading records via hearings, prior written consent for disclosures.
- Definitions: education records (student-related, institution-maintained), expansive PII (direct/indirect/linkable identifiers), directory information.
- Disclosure rules: prohibition unless exceptions (school officials/legitimate interests, emergencies, subpoenas, audits).
- Obligations: annual notices, disclosure logs, vendor controls. No certification; DOE enforcement via complaints/funding leverage.
Why Organizations Use It
- Mandatory compliance preserves federal funding eligibility.
- Mitigates breach risks, lawsuits, reputational harm.
- Builds stakeholder trust, enables safe edtech/innovation.
- Supports operational efficiency in data governance.
Implementation Overview
Phased program: governance setup, data inventory/classification, role-based training/policies, technical controls (RBAC, logging, encryption), vendor DPAs/audits. Targets K-12/postsecondary; requires ongoing monitoring, no external audits.
NIST 800-53 Details
What It Is
NIST SP 800-53 Rev. 5 is the U.S. federal government's authoritative catalog of security and privacy controls for information systems and organizations. This risk-based framework provides flexible, outcome-oriented safeguards to protect confidentiality, integrity, availability, and privacy risks across diverse threats.
Key Components
- 20 control families with over 1,100 base controls and enhancements
- Baselines in SP 800-53B (Low, Moderate, High impact; Privacy baseline)
- Assessment procedures via SP 800-53A
- Built on Risk Management Framework (RMF) principles Compliance via system authorization, not formal certification.
Why Organizations Use It
- Mandatory for federal agencies/contractors under FISMA/OMB A-130
- Voluntary adoption enhances resilience, reciprocity, and FedRAMP eligibility
- Manages supply chain/privacy risks; maps to ISO 27001, CSF
- Builds stakeholder trust, competitive edge in regulated sectors.
Implementation Overview
- Phased RMF lifecycle: categorize, select/tailor, implement, assess, authorize, monitor
- Suited for any size/industry handling sensitive data; U.S.-focused but global use
- Emphasizes documentation, OSCAL automation, continuous monitoring (180 words)
Key Differences
| Aspect | FERPA | NIST 800-53 |
|---|---|---|
| Scope | Student education records privacy | Broad security/privacy controls catalog |
| Industry | U.S. education institutions | Federal agencies, contractors, any org |
| Nature | Mandatory federal privacy law | Voluntary control framework |
| Testing | Complaint investigations, audits | RMF assessments, continuous monitoring |
| Penalties | Federal funding loss | No direct penalties, contract risks |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about FERPA and NIST 800-53
FERPA FAQ
NIST 800-53 FAQ
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