College violates the law over gun permits - Iowa

**Glenn E. Meyer** · February 22, 2013, 12:32 PM

http://www.desmoinesregister.com/art...nclick_check=1

Under FERPA - a privacy act - information about students is protected unless the student signs a waiver. I live with it and have to take an update class every once in awhile

The University of Iowa has been breaking this law:

Quote:

The University of Iowa has been quietly sharing federally protected student information with Johnson County law enforcement officials who handle gun permit applications — an arrangement that one national organization calls a “license to snoop.”

It is to report trouble makers to the law. They report depression and anger.

Well, isn't that the nicest thing? Will you go to the counseling center now - knowing that your private concerns are report to Sheriff Andy?

PS - just talked to two academic clinicians who think such is a horror. Also, the NY Safe act is causing an uproar there. Have to check that out.

scrubcedar · February 22, 2013, 01:25 PM

Glenn, I was in nursing and on our practice council when the HIPAA privacy regulations rolled out.
We went over those regs with a fine tooth comb. Unless that waiver is very carefully worded and extensive these people are not following the law.
After looking at the regs our attorney at the time said that the consent to release information type forms had to include the purpose the information was released for, and who the information was released to with "some specificity". Blanket releases wouldn't work.
Maybe he was wrong, or the law has evolved but I'll bet you dollars to doughnut's that their consent said nothing about their records being released to LE for the purpose of determining whether they could have any sort of permit.

KyJim · February 22, 2013, 10:35 PM

Ripe for a lawsuit. If the university attorney they quoted in the story approved of the process, he's an idiot and should be fired. If he's just trying to handle the aftermath and avoid legal problems for the university, he's doing his job. Either way, the university is out of line. I can't get that information from my daughter's university even though I'm footing the bill.

**Spats McGee** · February 22, 2013, 11:54 PM

I hope they enjoy depositions, 'cuz they're about to do a ton of them.

spacecoast · February 23, 2013, 07:23 AM

Let's hope someone with standing uses this 20+ year-old situation to (in the legal sense) open new orifices for both the university and the sheriffs.

February 22, 2013, 01:25 PM	#2
scrubcedar Senior Member Join Date: May 3, 2012 Location: Northern UT Posts: 473	Glenn, I was in nursing and on our practice council when the HIPAA privacy regulations rolled out. We went over those regs with a fine tooth comb. Unless that waiver is very carefully worded and extensive these people are not following the law. After looking at the regs our attorney at the time said that the consent to release information type forms had to include the purpose the information was released for, and who the information was released to with "some specificity". Blanket releases wouldn't work. Maybe he was wrong, or the law has evolved but I'll bet you dollars to doughnut's that their consent said nothing about their records being released to LE for the purpose of determining whether they could have any sort of permit. __________________ Gaily bedight, A gallant knight In sunshine and in shadow, Had journeyed long, Singing a song, In search of El Dorado

February 22, 2013, 10:35 PM	#3
KyJim Senior Member Join Date: July 26, 2005 Location: The Bluegrass Posts: 6,519	Ripe for a lawsuit. If the university attorney they quoted in the story approved of the process, he's an idiot and should be fired. If he's just trying to handle the aftermath and avoid legal problems for the university, he's doing his job. Either way, the university is out of line. I can't get that information from my daughter's university even though I'm footing the bill. __________________ Jim's Rules of Carry: 1. Any gun is better than no gun. 2. A gun that is reliable is better than a gun that is not. 3. A hole in the right place is better than a hole in the wrong place. 4. A bigger hole is a better hole.

February 22, 2013, 11:54 PM	#4
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 3,355	I hope they enjoy depositions, 'cuz they're about to do a ton of them. __________________ A gunfight is not the time to learn new skills. If you ever have a real need for more than a couple of magazines, your problem is not a shortage of magazines. It's a shortage of people on your side of the argument. -- Art Eatman

February 23, 2013, 07:23 AM	#5
spacecoast Senior Member Join Date: October 14, 2009 Location: Sunshine and Keystone States Posts: 3,407	Let's hope someone with standing uses this 20+ year-old situation to (in the legal sense) open new orifices for both the university and the sheriffs. __________________ My guns include S&W and Colt revolvers, Colt and Ruger pistols, Remington 870 shotgun, Henry and Marlin .22LR rifles, Hi-Point 9mm carbine and Lancaster Arms AK. I reload handgun rounds with a Lee hand press, over 18K rounds since Nov. 2009 with nary a squib nor kaboom.