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FBI Subpoenas Student Records September 27, 2001
Universities and colleges around the country are reporting that they have received federal grand jury subpoenas requesting student records as part of the investigation into the terrorist attacks in New York and Washington. According to reports from the schools, some subpoenas have sought information on particular students while others are broader. Apparently, the schools are releasing the information pursuant to the “health or safety emergency” provision contained in federal privacy laws that permit institutions to release confidential student data with no notice to students or their parents. The exception to the 1974 privacy law is believed to have been used only once before, after the 1995 bombing of the Oklahoma City federal bombing. Reports indicate that a large number of universities and colleges have received subpoenas, including universities in California, Utah, Massachusetts and Rhode Island. Most of the subpoenas seek general student records and do not name specific individuals. However, California education officials said virtually every state college campus had received a request to turn over certain records, and that most of the requests related to specific students. The schools are cooperating with the FBI and Immigration Service requests.
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