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Volume 40, Issue 3
September 24, 2002
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Grand
jury bypasses students' privacy
By Rachel Williamson
U-Wire
Law enforcement agencies were able to access information on thousands
of international UA students last fall by using health and safety exceptions
and federal grand jury subpoenas to get around student privacy laws.
"There was a mad dash for (international student) information since
last fall," said Sarah Kim, interim director of the Center for English
as a Second Language. "But we are very clear on what we can and can't
release."
Starting on Sept. 18, directory and file information on international
students who attended the UA was released to the FBI.
The names and home countries for all international CESL students who attended
UA between 1985–1992 and fall 2000 to fall 2001 were also disclosed
in the same month, excluding students from China, India, Japan, South
Africa and Western Europe.
Since Sept. 11, the UA has been subpoenaed twice by an array of government
agencies, including the Immigration and Naturalization Services and FBI.
However, law enforcement agencies sometimes request that details on the
subpoenas be withheld because they could conflict with investigations,
said Sharon Kha, associate vice president for communications.
Non-directory information on a former UA student from the United Arab
Emirates was released to the FBI through a federal grand jury subpoena
on Oct. 21.
When the FBI wants student information, a public information request goes
through the registrar's office, Kha said.
When the information is gathered, the UA attorney's office reviews information
requests and subpoenas to ensure that everything is public information.
Anyone in the world can access directory information found in the university
Student/Faculty/Staff Directory, which has to include at least the student's
name, major and class standing.
But student files—private information protected under the Family
Educational Rights and Privacy Act—can only be released with a subpoena,
Kha said.
A student's hometown, transcripts or type of visa are all considered private
student information.
As of last November, the UA stopped considering hometowns directory information.
Those looking to find out whether a certain student was enrolled at the
UA must be able to provide a name.
But the system does not work to single out groups at the UA, Kha pointed
out.
Normally no person or agency can request names or numbers of all students
from Phoenix or Afghanistan without a subpoena, for example, Kha said.
Some agencies get special exemption to student privacy laws.
"If you were a law enforcement agency and it was an emergency situation
where the health and safety were a qualified exemption, then we would
provide you with more information," Kha said.
CESL faculty were educated about FERPA and proper legal procedures, Kim
said.
The Immigration and Naturalization Service requested directory information
about international students who were no-shows at CESL.
CESL reports expected international students and whether or not they arrive
to INS, but does not immediately know when students have entered the country
but not yet reported to UA.
An international database called the Student Exchange Visitor Information
System is being improved and implemented in colleges and universities
nationwide to quickly check if a student has arrived in the country.
"I have felt comfortable releasing what is requested legally,"
Kim said. "I've never had a feeling that the information we released
was damaging anybody.
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