FERPA Close-Up: When Video Captures Violence and Injury
48 Pages Posted: 21 Jun 2018
Date Written: June 4, 2018
Federal privacy law is all too often misconstrued or perverted to preclude the disclosure of video recordings that capture students victimized by violent crime or tortious injury. This misuse of federal law impedes transparency and accountability and, in many cases, even jeopardizes the health, safety, and lives of children. When properly construed, however, federal law is no bar to disclosure and, at least in public schools, works in tandem with freedom of information laws to ensure disclosure. This Article posits that without unequivocal guidance from federal administrative authorities, uncertainty regarding the disclosure of such recordings will continue to linger, jeopardizing the ability of plaintiffs to access needed information.
Keywords: FERPA, privacy, transparency, public records, access, information, video, violence, education, public schools, children, safety, freedom of information, evidence
JEL Classification: I28, I29, K13, K14, K19, K23, K39, K41, K42, L38
Suggested Citation: Suggested Citation