The University of Maine System (UMS) is able to disclose directory information on its students to outside third parties without their consent. These third parties can include the general public, local law enforcement and federal law enforcement, such as Immigration and Customs Enforcement (ICE). Students are, however, able to opt out of having their directory information shared with individuals or organizations outside of the university system.
UMS defines directory information as “information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.” This can include preferred name, mailing address recorded at time of admission, university email address, program of study, dates of attendance, degrees and awards received, most recent previous educational institution, participation in sports, class level, enrollment status and some athletic statistical data.
UMS designates directory information as public data, and the university may release it in response to requests from third parties unless the student has opted out. An informational guide produced by the Bureau of Justice Assistance states that schools are permitted to disclose directory information to law enforcement as long as the concerned student has not opted out of directory information disclosure.
Directory information is considered distinct from “personally identifiable information,” which cannot be shared with any third party without the written consent of a student. This includes a student’s legal name, the name of family members or emergency contacts, their date and location of birth or other information which could potentially identify a student. Personally identifiable information cannot be disclosed to law enforcement without the consent of a student except in the case of either a health or safety emergency or certain legal conditions.
The Family Educational Rights and Privacy Act (FERPA) of 1974 is a federal law which governs the disclosure of educational records to public entities. The intent of the act was to make accessing and managing student records easier for students, as well as allow students more control over how those records are distributed.
As UMS discloses directory information without consent by default, FERPA requires the school to both publicize what is considered directory data and to allow students to opt-out of having that information released to the public.
Students looking to opt out of having their directory information shared can do so through MaineStreet. This will make the disclosure of directory information to outside third parties, such as employers and insurance companies, require the written consent of the student, and will preclude the university from publishing their directory information in other venues such as on the Dean’s List or in commencement brochures.
