To See or Not to See: The Constant Conflict Between Promoting Public Access to Information Whilst Maintaining Confidentiality in Student Records

Abstract

For as long as can be remembered, a constant conflict has existed between privacy and publicity. This struggle has been exacerbated in the twenty-first century through the modernization of technology and ease of access to data. This conflict has reached its peak particularly in the context of education research regarding state public schools. Education researchers argue that the ability to conduct research to validate reporting is the foundation of the scientific community. Without the capacity to conduct this research, scientific claims cannot be validated, and research is effectively stifled. The necessity for open and transparent data has been heavily stressed, with advocates arguing that government agencies should make data as accessible to researchers as possible within the bounds of the law and in keeping with the need to protect the privacy of individuals.

The question the Author seeks to answer in this Article is: how can a balance be achieved between researchers who acquire data and students who expect their information to be protected? How can both sides benefit? In attempting to remedy this struggle, courts have been forced into determining whether student data-privileged from disclosure under the federal Family Education Rights and Privacy Act-is available for access by general members of the public and education researchers, alike. In this Article, the Author outlines the history of the right of privacy and public record laws in addition to the latest cases and statutes that shed light on the setbacks that continue to occur as a result of the struggle between public access and confidentiality in student records. The Author's goal is for the Article's policy suggestions to lead to a discussion on how Louisiana can move forward and improve the State's education laws in order to encourage greater education research while ensuring the protection of students' personally identifiable information.

Keywords: Education research, data sharing, student privacy, disclosure avoidance, Family Education Rights and Privacy Act, Louisiana Department of Education, 20 U.S.C. 1232g

JEL Classification: K00, K1, K10, A2, A20, A21, I00, I2, I20, I21, I22, I23, I24, I25, I28, 03,