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Legality of Collecting Student Data Questioned
Late last year, the Federal Bureau of Investigation (FBI) sent letters to colleges and universities requesting names, addresses, telephone numbers, citizenship status, places and dates of birth, and "any foreign contact information" for foreign students and faculty, according to the Association of American Collegiate Registrars and Admissions Officers, which made public a sample letter. Officials from the registrars' association and the U.S. Department of Education, however, said in policy guidance documents that releasing such information about students is probably illegal. It is unclear how many institutions received the letters.
Although U.S. immigration officials are legally entitled to collect personal details about foreign students, the 1974 Family Educational Rights and Privacy Act limits the information colleges and universities may provide to the FBI and other law enforcement agencies without some type of court order. Except in certain specific circumstances outlined in the act, institutions can release only "directory information," such as name, address, major, and enrollment status, without student permission. The registrars' association says that citizenship status and probably foreign contact information do not fall under the definition of directory information. In addition, the 1974 law specifically forbids institutions from releasing directory information if it is linked to other, non-directory information, according to the education department. For example, while an institution may disclose directory information on all students to law enforcement authorities, it cannot disclose directory information for just men, just women, or just members of a specified race or nationality.
In its letter, the FBI suggests that the sweeping USA Patriot Act passed by Congress in response to the terrorist attacks of September 11, 2001, granted institutions authority to release additional information. But according to a policy guidance document issued in 2002 by the education department, a court order is required for institutions to release confidential information without student permission.
"Although the USA Patriot Act did make more extensive changes to the 1974 law than we would have liked, it did not go as far as the FBI suggests," says AAUP director of government relations Mark Smith, adding that if faculty are asked for student data, they should consult with institutional counsel before releasing information. Additional guidance for faculty is available.
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