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The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

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E-mail sparks privacy concern

The Wisconsin College Republicans filed an official complaint Monday against the University of Wisconsin-Madison, claiming the university violated federal student privacy laws.

The allegations stem from an e-mail UW-Madison sent to an undisclosed number of students who previously received Wisconsin Higher Education Grants, but were not awarded them this year due to the undecided state budget. The message told students Gov. Jim Doyle would hold a press conference today at Memorial Union to address UW System financial aid concerns and the need for a state budget.

The e-mail, which was sent to students' WiscMail accounts, says students "are under no obligation whatsoever to participate in this press conference," and that their financial aid package is not dependent on "willingness to stand with the governor or speak at the conference."

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The e-mail does not list names of other students who received the message.

Ryan Wrasse, chairman of the WCR and a senior at UW-Stevens Point, said the organization is concerned students' privacy rights were violated for political reasons.

"One of the biggest concerns is, all laws aside, a common sense factor. Are we really getting to the point where we are using college e-mail systems … to recruit students?" Wrasse said. "There are certain privacy laws that I think need to be respected, and we felt the university did not respect those laws."

Specifically, Wrasse mentioned the Family Educational Rights and Privacy Act, which says private student information can only be disclosed for legitimate educational purposes — a standard he says the governor’s press conference does not meet.

Wrasse also said UW-Madison violated students’ privacy when it used "sensitive and private information" — in this case, whether a student had previously received financial aid — to determine who would receive the e-mail.

David Giroux, spokesperson for the UW System, maintains the university violated no laws when it sent that e-mail, and that the students' privacy was not endangered because no names were released in the e-mail or to Doyle’s office.

"If you go back and read that e-mail very carefully, there are lots of caveats," Giroux said. "We take privacy issues very, very seriously, and if we find that anyone’s private information has been divulged inappropriately without their permission, we will handle that swiftly."

Giroux also said this e-mail did relate to a "legitimate educational issue" — that 5,500 UW System students are still without the financial aid they are eligible to receive.

"Why would someone be concerned that a low-income UW student would stand with the governor and advocate for their own financial aid?" Giroux asked. "Why doesn’t anyone want these 5,000 students to speak up? Who is trying to silence them?"

Giroux added this e-mail had nothing to do with the governor being a Democrat, saying there are just as many Republicans who are concerned about the state budget and financial aid as there are Democrats.

Casey Nagy, executive assistant to UW-Madison Chancellor John Wiley, agreed the e-mail did not violate privacy laws because of the importance of the state budget to students’ financial aid — a subject he also deemed a valid educational issue. He said UW-Madison often alerts students of opportunities to express beliefs about important issues.

"All we did was bring to their attention one such opportunity," Nagy said. "I don’t see that as political at all. I see that as real life."

Nagy also said he was not aware of any identifying information about students that was given out and emphasized how serious UW-Madison considers privacy, particularly in regard to financial aid.

Wrasse said the e-mail and complaint, which is co-signed by UW-Madison senior Mike Hahn, a Badger Herald columnist, has been turned over to the U.S. Department of Education to determine if a violation actually occurred.

"We’re not lawyers, but we thought that something was up," Wrasse said. "We saw the common sense behind it — that you just don’t use the university and the students’ private information for political gain."

Wrasse added that, if it is determined no privacy violation occurred, he still believes the e-mail constitutes an "absolute ethics violation."

If a privacy violation did occur, the WCR are not able to sue UW-Madison as an organization, since the violation would be against a specific student and not the WRC.

Nagy said the university will be cooperative with any investigation but does not believe any action is required.

"We’ve taken all the steps necessary to do things that are required by law, which is protect student privacy and information," Nagy said.

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