1. Darrin Rooker, MS NYSFAAA President
Student Data Sharing
Darrin Rooker, MS
NYSFAAA President

2. Student Data Sharing What we will discuss Why has this become an issue
What laws and guidance apply
Look at some case studies

3. Why is it an issue Heightened Public/Government Awareness
Increasing identity theft
Credit theft
Tax refund and information thefts
Questions of who has control over data
Personal privacy (Facebook)

4. What is PTAC? Privacy Technical Assistance Center
Office within the US Dept. of Ed
Established in regulation 2011

5. Timeline July 2016 NASFAA Whitepaper
Fall PTAC session at the FSA Conference (Atlanta)
January PTAC releases data sharing guidance
June NASFAA updates its July 2016 Whitepaper
Fall PTAC session at FSA Conference (Session 35)
January Gen 1-12: Cybersecurity Compliance(FAQ)
March FY-2018 Federal Budget

6. ISAR Data Whose data is it? Who ultimately controls its use?
The Student
The School
The U.S. Department of Education

7. The Laws Higher Education Act of 1965 (HEA)
Schools Participation Agreement with the Dept.
Student Aid Internet Gateway (SAIG) Agreement
Family Educational Rights and Privacy Act (FERPA)
Federal Privacy Act
FY 2018 Federal Budget

8. Higher Education Act
• The HEA is probably the most relevant and restrictive of the three laws, when it comes to financial aid office data.
The Higher Education Act statute states that FAFSA data may only be used for application, awarding and administration of aid awarded under the Title IV HEA, State and Institutional Aid programs.

9. What information is protected?
Individual FAFSA question responses
ISIR data
EFC (Including “Financial Need” amount)
Pell Eligibility
Award amounts (Pell, FWS, Loans)
Disbursement Information (COD – NSLDS)

10. Family Educational Rights and Privacy Act (FERPA)
Governs the use and discloser of all education records.
Probably most associated with:
Academic records (Grades, Standards of Progress, Academic standing…)
Student Demographic Information
Person must have a Legitimate Educational Interest to utilize data
Student permission to release must be written
and specific; to whom and what records

11. Privacy Act
Governs government agencies sharing information (including between agencies)
Information can only be shared for its original intended purpose.
Income Tax (DRT) example: DOE – IRS

12. FY 2018 Federal Budget Release of FAFSA data allowed
Student’s explicit written consent
Scholarship granting or tribal organizations
Federal Budget language remains in affect until next HEA reauthorization

13. What is PII? Personally Identifiable Information
Name, social security number, date and place of birth, mother's maiden name, or any other information that is linkable to identify an individual
PII determines if the HEA, FERPA and Privacy Act apply

14. Access Exceptions
Exceptions to need for written release of all Personally Identifiable Information (PII)
Auditors - Accreditors
College administrators with a legitimate educational purpose
Standards of Academic Progress
Awarding/Administration of Aid

15. Case #1
Can an institution generate and publish de-identified, aggregate statistics using FAFSA®/ISIR data about students receiving financial aid? 

16. Case #2
Can a financial aid office share FAFSA®/ISIR data with institutional staff responsible for analyses, audits, or evaluations at the institution (e.g., an Institutional Research Office)? 

17. Case #3
Can an institution use financial aid information provided by a student on the (FAFSA®) to recruit a student who has not yet enrolled or tried to enroll at the institution?

18. Case #4
Can an institution provide de-identified student financial aid data obtained directly from NSLDS® to a researcher not affiliated with the institution?

19. Case #5
Can an institution provide FAFSA®/ISIR data to third-parties (e.g., scholarship organizations or State assistance agencies)?

20. Sources PTAC website: studentprivacy.ed.gov
Q&A: Guidance for use of financial aid information program evaluation and research (January 2017)
Sign up for listserv
IFAP website: ifap.ed.gov
FSA Conference: Session Recording Videos, Session 35
NASFAA website:
Financial Aid Data Sharing (2017 whitepaper)