FERPA and HIPAA: Privacy Laws in the Digital Age
This paper examines two landmark U.S. privacy laws—the Family Education Rights and Privacy Act (FERPA) of 1974 and the Health Insurance Portability and Accountability Act (HIPAA) of 1996—in the context of advancing information technology. The paper discusses the historical motivations behind each law, including concerns about government surveillance and the risks of electronic health databases, and argues that ongoing legislative revision is essential to protect citizens' privacy rights as digital technology continues to evolve. The discussion highlights how unauthorized access and unethical disclosure of personal information can affect individuals in both educational and healthcare settings.
- Introduction: Privacy risks of information technology and legislation
- FERPA: Protecting Student Privacy: FERPA origins, provisions, and need for revision
- HIPAA: Safeguarding Health Information: HIPAA protections against electronic health data misuse
- Conclusion: Ongoing need to revise privacy legislation
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What makes this paper effective
- Clearly connects historical legislative context to contemporary technology concerns, showing why each law was enacted.
- Uses parallel structure to treat FERPA and HIPAA symmetrically, making the comparison easy to follow.
- Identifies concrete real-world consequences of privacy breaches, such as loan denials and workplace discrimination, grounding abstract policy in tangible harm.
Key academic technique demonstrated
The paper demonstrates concise policy analysis by briefly defining each act, tracing its motivating circumstances, and evaluating its continued relevance. It draws on cited sources to support claims rather than relying solely on general assertions, giving the argument academic credibility even at an introductory level.
Structure breakdown
The paper opens with a brief introduction explaining the privacy risks posed by information technology. It then devotes a dedicated section to FERPA—covering its provisions, historical context, and calls for modernization—followed by a parallel section on HIPAA. A short conclusion synthesizes the argument that both laws require continuous revision to remain effective in the digital age. The structure is tight and well-organized for its scope.
Introduction
While information technology today has many distinct advantages, it is also important to acknowledge that there are some specific potential drawbacks. These drawbacks relate especially to the right to privacy of people who make use of information technology. Users of Internet subscription services, for example, expect certain privacy rights regarding the contact and personal information they choose to divulge. At the same time, large institutions such as learning establishments and health insurance companies are required to provide their clients with a certain level of privacy assurance.
For this reason, certain technological advances have required a revision of legislation to ensure that the privacy of citizens is protected. Two such pieces of legislation are the Family Education Rights and Privacy Act (FERPA) of 1974 and the Health Insurance Portability and Accountability Act (HIPAA) of 1996.
FERPA: Protecting Student Privacy
The Family Education Rights and Privacy Act of 1974 was passed to address the right to privacy for students at learning institutions. Under the Act, student records and information could be released only under certain conditions—for example, to be viewed by a student's parents. Further, such release is subject to permission from the student, who also has the right to request that incorrect information be modified. In most other cases, release of information requires written permission (Shiley, 2003).
One of the primary reasons for this law was widespread concern during the early 1970s about the potential of the federal government to abuse its power and to implement domestic surveillance. The concern was that governmental information technology had advanced to such a degree that it could be used to identify, observe, and cross-reference "suspicious" persons. A government database, for example, could be used to access student data regarding fields of study and social or governmental groups identified as potentially harmful to national security. In addition, increased media accessibility and technology had brought to light government practices that had previously been hidden. Public concern was therefore raised both by the federal government's use of technology and by the media's growing ability to reach a larger collective audience through television.
Today, authors such as Shiley (2003, p. 7) are calling for a revision of FERPA to include concerns raised by Internet and electronic communication media.
Conclusion
The rapid development of information technology clearly creates a platform for many privacy issues that have not yet been fully addressed. In the fields of education and health care, this is particularly important, since a person's basic rights can be influenced by the unethical disclosure and use of personal information. For this reason, legislation such as FERPA and HIPAA needs to be constantly revised to ensure that it meets the challenges of today's digital world.
References
Gilland, A. T. (2011, January). Balancing between two goods: Health Insurance Portability and Accountability Act and ethical compliancy considerations for privacy-sensitive materials in health sciences archival and historical special collections. Journal of the Medical Library Association, 99(1).
Shiley, C. S. (2003, June). Putting the rights into the Family Education Rights and Privacy Act: Enforcement and the private right of action.
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