FERPA in the Age of Computer Logging: School Discretion at the Cost of Student Privacy

This article argues that to preserve student privacy in an increasingly “wired” environment, Congress should amend FERPA to encompass technology issues such as logging. 31 Until Congress acts to update this outdated statute, however, FPCO can and should entitle student logging information to a high degree of protection by legitimately defining computer logs as “education records” under the existing statutory scheme.32 FPCO should further apply a primary purpose analysis to delineate proper and improper uses of such information.33 In this way, schools can effectively manage the benefits of technology without compromising student privacy.