Standards Comparison

    FERPA

    Mandatory
    1974

    U.S. federal regulation protecting student education records privacy

    VS

    NIST 800-53

    Mandatory
    2020

    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.

    Student Privacy

    FERPA

    Family Educational Rights and Privacy Act of 1974

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

    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
    Security Controls

    NIST 800-53

    NIST SP 800-53 Rev. 5 Security and Privacy Controls

    Cost
    €€€
    Complexity
    Medium
    Implementation Time
    18-24 months

    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

    Scope

    FERPA
    Student education records privacy
    NIST 800-53
    Broad security/privacy controls catalog

    Industry

    FERPA
    U.S. education institutions
    NIST 800-53
    Federal agencies, contractors, any org

    Nature

    FERPA
    Mandatory federal privacy law
    NIST 800-53
    Voluntary control framework

    Testing

    FERPA
    Complaint investigations, audits
    NIST 800-53
    RMF assessments, continuous monitoring

    Penalties

    FERPA
    Federal funding loss
    NIST 800-53
    No direct penalties, contract risks

    Frequently Asked Questions

    Common questions about FERPA and NIST 800-53

    FERPA FAQ

    NIST 800-53 FAQ

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