The norm on a higher-education student's confidentiality in Georgia is written in a single article — the student-rights article of the Law on Higher Education — but within it sit three distinct rules: what is confidential, when it may be used, and how the information is stored. This page explains those three rules — and shows that the American FERPA frame does not operate here: the Georgian page is carried by the Georgian norm.
What is confidential
The law's formulation is precise: confidential are the personal information expressed by the student in the presence of academic personnel; information about the student's own views, faith and political convictions which became known to the latter during the learning process; and information about disciplinary measures taken against the student. These three categories go beyond the classroom: personal information is what the student said before a lecturer, not what he or she announced publicly.
The exceptions to use
Confidentiality is not absolute — the law writes two exceptions: first, where the student's consent exists; second, where the administration has a lawful interest in protecting another's safety and legally protected rights. This balance is practical: the student's views are protected, but they cannot become a shield where another person's safety is in real danger.
The storage rule
The third rule concerns storage: information about the student's academic progress and about disciplinary measures must be stored separately, and in storing it the administration must follow the procedure established by the General Administrative Code of Georgia. The general Georgian data-protection regime thus operates in the higher-education context as well — and this is precisely the text on which a demand must be built. For the student its practical meaning is that every spreading of the information must rest on a specific norm — and in its absence the spreading is assessed as a violation.
The American FERPA — the Family Educational Rights and Privacy Act — is a non-Georgian statute: its procedures and boundaries do not operate in Georgia. In Georgian practice, confidentiality is bounded by this article and by the data-protection rules of the Administrative Code. Sibling pages: access to records and electronic systems rest on other norms — they are unfolded on separate pages.
Typical cases of breach
In practice a breach appears in three typical forms: spreading personal information beyond the academic personnel — for example to other students or external persons; using views and convictions in connection with assessment — which is a separate violation; and merging disciplinary information with academic data — a breach of the storage rule. Each form builds separate responsibility, and distinguishing them is the basis of a correct demand.
The boundaries of consent
The student's consent — the first of the two exceptions — raises the most disputes about boundaries in practice: the consent must belong to the student, refer to specific information and a specific circle of use, and not constitute a general permission for any future purpose. Retrospective consent — where the information has already been spread and consent is attempted afterwards — does not restore the norm: the violation remains a violation, though it may affect further use. Documenting consent — who agreed, to what, when and for what — is therefore as important as obtaining it.
The catalogue of confidentiality is precise: personal information expressed by the student in the presence of academic personnel, information about the student’s views, faith and political creed, and data connected with disciplinary measures are protected, save the student’s permission or the administration’s lawful interest — protecting another’s safety and legally protected rights. Information on academic progress and on disciplinary measures must be stored separately, and the rules of storage follow the General Administrative Code. The administration may not use its powers and material-technical base so as to create a danger of censorship or restrict freedom of expression; and where the institution is liquidated without a successor or loses authorization, the student’s right of mobility arises regardless of the length of study — privacy, thus, is one element of a broader protective construction around the student, working together with the rest.
Frequently asked questions
Below we answer the most common questions about student confidentiality.
What information is confidential?
Personal information expressed before academic personnel; views, faith and political convictions; information about disciplinary measures.
Who may use it?
Only with the student's consent or the administration's lawful interest — to protect another's safety and rights.
How are progress data stored?
Separately from disciplinary information, under the Administrative Code's procedure.
Does FERPA operate in Georgia?
No — it is a United States act; the Georgian page is carried by the Georgian norm.
How We Help on Legal.ge
The Legal.ge team assesses whether the confidentiality rule has been breached, explains the boundaries of the exceptions, and builds a demand against the institution in a lawful format. In a written consultation you receive an assessment for your case. Contact us through the Legal.ge website.