Amid Virus, Schools Must Balance Data Reporting Against Privacy

Schools that share novel coronavirus information about their students must do so carefully to comply with federal education privacy law, attorneys said.

Federally-funded schools can share personal information from education records without consent under the Family Educational Rights and Privacy Act in limited circumstances, such as to protect health and safety, attorneys said. But they should document their sharing and limit it to appropriate parties.

“Community health and safety takes priority over personal privacy in emergency situations, and this is one,” said Paul Lannon, a partner who co-chairs Holland & Knight LLP’s education team.

Education institutions around the country have ...