Letter to Wachter (Disclosure of Surveillance Video of Multiple Students)
Office of the Chief Privacy Officer, U.S. Department of Education, 2017
Because the physical likeness of an individual is typically considered personally identifiable information, there was longstanding uncertainty regarding when an educational institution could legally share photos or videos that showed multiple students (e.g., a video that shows the crowd at a school basketball game) vs. when the school had a legal obligation to protect that video against disclosure (e.g., a hallway surveillance video that shows a student having a medical emergency amid bystanders). This publication, and the related FAQs on Photos and Videos under FERPA provided much needed legal clarification of these requirements, with implications for school safety, law enforcement, and privacy.
Recommended citation: U.S. Department of Education, Office of the Chief Privacy Officer (2017). "Letter to Wachter (Disclosure of Surveillance Video of Multiple Students)" [Regulatory guidance document].
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