HIPAA vs. FERPA: Understanding the Key Differences in Privacy Regulations

Good intentions don’t protect data. 

Clear, enforceable laws do. 

That’s where HIPAA versus FERPA becomes a critical distinction. 

HIPAA versus FERPA governs how sensitive information is managed in education and healthcare, but each applies differently—targeting distinct data types, institutions, and rules.

Mistaking one for the other can lead to serious compliance missteps. 

This guide breaks down their boundaries, overlap, and application—so your team can handle data confidently and lawfully.

Related: CMMC Compliance 101: A Beginner’s Guide

What Is HIPAA?

HIPAA—the Health Insurance Portability and Accountability Act—was enacted in 1996 to safeguard health information in an increasingly digital world. 

Its primary goal is to ensure the confidentiality, integrity, and availability of protected health information (PHI), especially as it’s shared between healthcare providers, insurers, and service partners. 

HIPAA regulates how medical records are stored, accessed, and transmitted, and it imposes strict penalties for unauthorized disclosure.

Overview of the Health Insurance Portability and Accountability Act

HIPAA’s Privacy Rule sets the national standard for protecting PHI. 

The Security Rule complements this by mandating administrative, physical, and technical safeguards for electronic PHI (ePHI). 

These rules apply regardless of whether data is stored on-prem, in the cloud, or in motion between systems.

Entities Covered Under HIPAA

Covered entities include hospitals, clinics, doctors, pharmacies, insurance providers, and health clearinghouses. 

Business associates—vendors or subcontractors that handle PHI on behalf of a covered entity—are also bound by HIPAA regulations.

Protected Health Information (PHI) Explained

PHI includes any health information that can be tied to an individual. This ranges from diagnosis records to billing information, lab results, and prescriptions. 

If a piece of data reveals a health condition and is linked to an individual, it falls under HIPAA.

What Is FERPA?

FERPA—the Family Educational Rights and Privacy Act—was passed in 1974 to protect the privacy of student education records. 

It grants students and parents rights to access, review, and request correction of these records, while restricting third-party access without consent. 

FERPA’s application is tied to any educational institution that receives federal funding.

Overview of the Family Educational Rights and Privacy Act

FERPA governs how educational agencies manage student information.

 It applies from the K–12 level through postsecondary education and protects records like grades, disciplinary files, class schedules, and more.

Who FERPA Applies To

FERPA covers public schools, private schools accepting federal funds, school districts, colleges, and universities. 

It applies to administrators, instructors, support staff, and even third-party platforms used to store or transmit education records.

Types of Education Records Covered

Covered records include report cards, transcripts, disciplinary notes, attendance logs, and biometric records. Even student emails and learning platform logs can fall under FERPA protection if they are maintained by the institution. 

Examples of educational records under FERPA include disciplinary reports, IEP documentation, and even information stored in learning management systems.

HIPAA vs. FERPA: Core Differences

HIPAA versus FERPA highlights two very different approaches to regulating sensitive information, from what data is protected to how consent is managed.

One of the key HIPAA vs FERPA differences is the type of entity and data each law governs, which directly impacts policy enforcement. 

Understanding how HIPAA versus FERPA  applies to your institution’s records is critical to developing clear compliance boundaries.

Scope of Protection and Regulated Data Types

HIPAA protects health data linked to medical care. 

FERPA protects academic data tied to student education. The overlap is rare but becomes important in certain contexts like student health services.

Applicability by Institution Type

HIPAA applies to medical and insurance organizations. 

FERPA applies to federally funded educational institutions. 

A student health clinic at a university might be exempt from HIPAA if FERPA already governs its records.

Rules for Consent and Access Rights

HIPAA limits access to PHI unless a patient consents or it’s required for treatment or payment. FERPA, on the other hand, gives parents and eligible students rights to access and correct their records while limiting disclosures without written consent.

When HIPAA and FERPA Overlap

Questions around HIPAA versus FERPA often surface when institutions manage both student health and academic records.

Student Health Clinics and Dual Compliance

University health clinics that serve enrolled students typically fall under FERPA, not HIPAA. However, if the same clinic treats non-students or participates in broader healthcare networks, HIPAA may apply to those interactions. 

Navigating HIPAA compliance for schools requires collaboration between legal, IT, and administrative teams—especially when clinics or third-party providers are involved.

School Nurses and Medical Counseling Records

Nurses employed by K–12 schools operate under FERPA. 

Their medical records—like immunization history or injury documentation—are considered educational records, not PHI.

University-Affiliated Hospitals and Education Records

In cases where hospitals are affiliated with medical schools, HIPAA applies to clinical records, while FERPA may apply to educational records related to training or coursework.

Data Handling Requirements Under HIPAA

HIPAA mandates strict control over how PHI is accessed, transmitted, and stored, with a strong emphasis on documentation and accountability.

Data Encryption and Transmission Controls

Covered entities must encrypt ePHI in transit and at rest using secure protocols. They must also ensure secure email transmission, mobile device access, and cloud storage.

Access Logging and Audit Trails

Every interaction with PHI must be logged. 

Audit trails are critical for proving compliance and identifying unauthorized access.

Breach Notification Protocols

HIPAA requires that covered entities notify affected individuals, HHS, and in some cases the media, when certain thresholds of data loss or exposure are met. 

Some HIPAA exceptions in education allow disclosure of PHI without consent in emergencies or when public health is at risk—but these must be carefully documented.

Data Handling Requirements Under FERPA

FERPA’s data protection standards revolve around student and parental rights, especially regarding transparency and consent. 

Compliance with school health privacy laws depends on understanding how federal and state mandates interact with institutional workflows.

Record Access and Amendment Rights

Schools must allow parents (or eligible students) to inspect and request corrections to their records within 45 days of a request.

Restrictions on Third-Party Disclosure

Institutions cannot share personally identifiable student information without written consent, unless one of the few legal exceptions applies. 

Adhering to FERPA regulations and student privacy standards means limiting access to sensitive academic data and documenting consent when disclosure is necessary.

Parent and Student Consent Requirements

Consent must be documented, and redisclosure is generally prohibited unless another exception is met. 

FERPA and mental health records intersect when schools provide counseling services—raising questions about access rights and parental consent.

Privacy Challenges in Digital Education and Healthcare

As cloud platforms and remote workflows become the norm, both HIPAA and FERPA face new challenges in implementation.

Cloud Platforms and Shared User Access

Google Workspace, Microsoft Teams, and other edtech platforms now store vast amounts of sensitive information. 

Misconfigured sharing permissions or inadequate access controls can lead to violations under either law.

Mismanagement of Hybrid Records

A single record can contain both health and academic data. When this happens—like a behavioral intervention plan—it’s critical to determine which regulation governs the data and apply the correct safeguards. 

Health data protection in education becomes particularly challenging when digital systems house both academic and medical information without clear segmentation.

Lack of Clarity Around Custodianship

When data flows between departments or is stored by third-party vendors, determining responsibility can become murky. 

Schools and providers must define ownership clearly in policies and contracts.

Consequences of Non-Compliance

Violating either regulation can result in financial, legal, and reputational damage—and in some cases, long-term regulatory scrutiny.

Penalties for HIPAA Violations

Fines range from $100 to $50,000 per violation, with an annual maximum of $1.5 million. In some cases, criminal charges may apply.

FERPA Enforcement and Funding Risks

FERPA violations can result in the Department of Education pulling federal funding. Though rare, the threat alone drives most institutions to stay compliant.

Reputational Harm and Legal Fallout

Beyond fines, both HIPAA and FERPA violations can erode public trust and lead to class-action lawsuits or negative media coverage.

Using Qohash to Navigate Complex Privacy Landscapes

Qohash simplifies compliance in environments where data types and regulatory obligations overlap. 

Its platform continuously monitors unstructured data across systems, classifies files according to sensitivity, and applies automated policies to control access and retention.

Detecting Sensitive Files Across Data Ecosystems

Qostodian locates at-risk documents in cloud drives, local machines, and shared folders—many of which might be missed by traditional tools.

Automating Access Control and Retention Policies

With Qohash, institutions can apply dynamic access rules based on user role and data classification, while setting automated deletion or archival timelines for compliance.

Supporting Both Healthcare and Education Compliance

Whether a school nurse stores immunization records or a university clinic maintains counseling files, Qohash supports compliance with both HIPAA and FERPA standards—without creating operational drag.

Clarify Compliance Boundaries with Qohash

Managing student and patient data comes with steep responsibilities. 

Qohash equips educational and healthcare institutions with the visibility, control, and automation they need to meet those expectations. 

From unstructured file scanning to real-time access monitoring, the platform helps teams untangle overlapping regulations and maintain compliance at scale.

Request a demo today.