1. (1) A college shall maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student:

   1. (a) The college shall maintain the record with the education records of the student as long as the records are maintained;

   2. (b) For each request or disclosure the record must include:

      1. (A) The parties who have requested or received personally identifiable information from the education records; and
      2. (B) The legitimate interests the parties had in requesting or obtaining the information;
   3. (c) Colleges that maintain electronic records may flag those records to refer to disclosure information which applies to all students;
   4. (d) For purpose of ongoing submission of records to OCCURS, a single record or electronic flag referring to OCCURS policy on data elements collected and transmitted shall constitute appropriate recordkeeping.

2. (2) If a college discloses personally identifiable information from an education record with the understanding authorized under section (1) of this rule, the record of disclosure required under this section must include:

   1. (a) The names of the additional parties to which the receiving party may disclose the information on behalf of the college; and
   2. (b) The legitimate interests under OAR 589-004-0500 which each of the additional parties has in requesting or obtaining the information.

3. (3) A college is not required to keep records of disclosures when the disclosure is to:

   1. (a) The student who is the subject of the record;
   2. (b) A college official with a legitimate educational reason under OAR 589-004-0500(1);
   3. (c) A party with written consent from the student; or
   4. (d) A party seeking directory information.

Statutory/Other Authority

ORS 326.051, 341.015 & 341.290(17)

Statutes/Other Implemented

ORS 341.290, 20 U.S.C. Sec 1232g(b)(5) & 34 CFR Sec. 9932(a)

History

DCCWD 5-2015, f. & cert. ef. 10-30-15
DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0530
EB 7-1994, f. & cert. ef. 4-29-94