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Re: (Univ. Archivists): Interpreting FERPA



On Fri, 26 Jan 2001, Ed Southern wrote:

> 1/26/01
>
>             How does your Archives or your University Registrar
> interpret FERPA relative to deceased students? Do you release
> student information ever? Or after a specific time lapse (e.g. 75
> years) or upon some authentication of the death of a student?

We have consulted on many occasions with our Office of General Counsel
and it is their oft-stated belief that "privacy rights die with the
individual."  Thus, we will open a student file once we receive some
reasonable assurance that the individual is deceased (e.g., a
published obituary or copy of a death certificate).  It is up to the
researcher to bring us that proof.

Within 80 years of a student's last known attendance, we will assume
the individual to be living unless we receive evidence to the
contrary.  For individuals who last attended over 80 years ago, we
will assume them to be deceased, unless we know otherwise.

There could be special circumstances, of course.  We often receive
student records one to two years after they left Hopkins; if an
individual died tragically and at a young age, and criminal
proceedings were involved, we would consult with General Counsel and
might restrict access based on the circumstances.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

James Stimpert                       E-mail:    James.Stimpert@jhu.edu
Archives (Arts and Sciences)
MSE Library
Johns Hopkins University             Voice:     (410) 516-8323
3400 North Charles Street
Baltimore, MD  21218                 Fax:       (410) 516-7202

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