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EBERLY FAMILY SPECIAL COLLECTIONS LIBRARY

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Special Collections Library
104 Paterno Library
University Park, PA 16802

Telephone: (814) 865-7931
Fax: (814) 863-5318
Email: UL-spcolref@lists.psu.edu

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Federal Laws Related to Records Management

 

FERPA – Family Educational Rights and Privacy Act (Buckley Amendment), signed into law August 21, 1974; effective November 19, 1974

Protects the privacy of student education records. The Act affords parents the right to access and seek to amend their children’s educational records up to the age of 18. When a student turns 18, or enters a postsecondary institution (at any age), the rights transfer from the parents to the student. FERPA allows the student to have some control over the disclosure of personally identifiable information from the educational record.

Privacy Act of 1974 – effective September 27, 1975

Omnibus code of fair information practices. Regulates the collection, maintenance, use and dissemination of personally identifiable information. The purpose of the Privacy Act is to restrict disclosure of information about individuals with the rights of the individuals to be protected against unwarranted invasions of their privacy.

Paperwork Reduction Act – effective September 30, 1995 (revised from 1977)

Minimizes the paperwork burden for individuals, offices, businesses, contractors, governments, and other persons. Ensures the greatest possible benefit from and maximize the utility of information created, collected, maintained, used, shared and disseminated. Coordinate, integrate and make uniform policies and practices as a means to improve productivity, efficiency, and effectiveness of information collected. Provide for the dissemination of information on a timely basis, on equitable terms and in a manner that promotes the utility of the information.

Historical Records Act – effective June 19, 1934

Any record created more than 20 years ago may have historical or evidentiary value and should be reviewed by the Archives for possible long-term retention.

HIPAA- Health Insurance Portability and Accountability Act Privacy Rule – effective August 21, 1996; revised August 14, 2002

Established a set of national standards for the protection of certain health information. The Privacy Rule addresses the use and disclosure of individuals’ health information as well as standards for individuals’ privacy rights to understand and control how their health information is used.