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Laws, Regulations & Policies

Privacy

Privacy requirements are extensive and ever evolving, impacting various aspects of University operations. UNCW is dedicated to maintaining awareness and understanding of these comprehensive requirements and providing the necessary resources to the campus community. By staying informed and proactive, we aim to ensure that our practices align with expectations for data protection and compliance.

The Family Educational Rights and Privacy Act (FERPA) establishes certain rights for students and eligible parents regarding access to, confidentiality of, and correction of the student’s education records. FERPA provides that a student may inspect his or her education records. If the student finds the records to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights, the student may request an amendment to such record. FERPA also provides that a student’s personally identifiable information may not be released to someone else unless (1) the student has given a proper written consent for such disclosure; or (2) provisions of FERPA, or the corresponding federal regulations, permit the information to be released without the student’s consent.

UNCW’s Office of the Registrar oversees FERPA confidentiality for student education records.

Additional resources and information regarding FERPA are available through the UNCW Registrar’s web page and the U.S. Department of Education website.

The Health Insurance Portability and Accountability Act (HIPAA) recognizes that advances in electronic technology pose a risk to the privacy of health information, and therefore, HIPPA contains provisions to ensure certain privacy protections for health information. 

The HIPAA Privacy Rule, which applies to certain entities or organizations generally classified as a Covered Entity, ensures appropriate safeguards to protect the privacy of Protected Health Information (PHI) and sets limits and conditions on the use and disclosure of such information without an individual’s authorization. The Privacy Rule also provides individuals certain rights over their PHI maintained by an entity or organization subject to HIPAA and the Privacy Rule.

UNCW recognizes the importance of ensuring health information is properly maintained and protected. At this time, neither UNCW, nor any of its departments, colleges or schools, is a Covered Entity under HIPAA. The University continues to monitor guidance concerning the applicability of both FERPA and HIPAA to the health information of UNCW students.

Additional resources and information regarding HIPAA and the Privacy Rule are available through the U.S. Department of Health and Human Services website.

The Gramm-Leach-Bliley Act (GLBA) ensures the protection of student financial aid information and other non-public information (NPI) provided to postsecondary institutions and third-party servicers obtained in support of the administration of federal student financial aid programs under Title IV of the Higher Education Act.

The GLBA Privacy Rule establishes certain limitations on the disclosure of NPI and limits on how NPI may be reused and redisclosed by third-party servicers. The GLBA is also supported by the Safeguards Rule which sets forth standards for developing, implementing, and maintaining reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of information.

The UNCW Office of Scholarships & Financial Aid oversees the administration of Title IV requirements for student information covered under GLBA.

Additional resources and information are available on the Federal Trade Commission website and the Department of Education’s Federal Student Aid website.

The North Carolina Identity Theft Protection Act requires organizations to take reasonable measure to safeguard personal information. This includes upholding the privacy of information throughout its lifecycle until it is no longer needed and destroyed. This law establishes what constitutes personal information and provides the requirements for notifications to individuals whose information was included in a data breach.

Additional information is available on the North Carolina Department of Justice website.

The North Carolina Public Records Act (“NCPRA”) ensures transparency by making certain records maintained by state government agencies accessible to the public through a request process. In addition, the NCPRA also contains provisions that allow the University to protect from disclosure certain sensitive, proprietary, and confidential information. 

Additional information on the North Carolina Public Records Act is available on the North Carolina Judicial Branch website and information on public records requests at UNCW is available through the UNCW 02.110 Public Records Policy.

UNCW encourages all members of its community to use information technology systems and networks in meaningful and useful ways, and in a manner that is respectful of the rights, needs, and privacy of others. Users must respect the privacy of other users’ information, even when that information is not securely protected. Users shall respect the University’s, as well as their own, obligations of privacy and confidentiality. Only those Users with specific authorization may access, communicate, or use confidential information.

Additional information is available through the UNCW 07.100.04 Privacy & Confidentiality Policy on the UNCW Policies website.