TPC Journal-Vol 10- Issue 1

110 The Professional Counselor | Volume 10, Issue 1 In addition, not all online programs are able to provide training in every state. Applicants to online counselor education programs need to be well-educated consumers. In addition, enrollment services staff, program leaders, and counselor educators involved in admissions decisions need to be apprised of various state requirements. For example, the state of North Carolina requires that online programs, including those in private, out-of-state institutions, be approved by the University of North Carolina Board of Governors before they can engage in postsecondary degree activity in North Carolina (University of North Carolina System, 2017). Considerations for Cybersecurity in Counselor Education With the rate of technology innovation, counselor education programs may find it challenging to keep up with how specific technology aligns with laws or ethics. When it comes to online counselor education and technology, student privacy and client confidentiality are of utmost importance and are often tricky to navigate with new technological development. In this section, we examine the two primary regulations and how to maintain compliance when using technology. The Family Educational Rights and Privacy Act (FERPA) FERPA (1974) is a regulation that protects the privacy of a student’s educational record. All programs, regardless of their delivery format, need to be aware of how FERPA impacts them and the technology they utilize. For instance, programs using online providers to help track internship hours, supervisor evaluations, and other paperwork need to be in line with FERPA best practices. The Department of Education, through their Privacy Technical Assistance Center (PTAC), provides resources for programs, including what to look for in a terms-of-service document (PTAC, 2016) and best practices (PTAC, 2014). Online programs using videoconferencing software need to be aware of the limitations on the use of videos created in a classroom or supervision setting. Under FERPA, a photo or video of a student is considered an educational record when it is directly related to the student and is maintained by the program (Student Privacy Policy Office, n.d., para. 1). A video of a class is considered to be directly related to the student if they are visible doing a class presentation or even asking questions. The use of videoconferencing software is new enough to leave some ambiguity in the regulations surrounding recording of classes or supervision sessions. We will address supervision sessions in the section on the Health Insurance Portability and Accountability Act of 1996, which follows. Relative to teaching, there are a number of university recommendations suggesting that faculty record only themselves in class and do not include images of students in the recording. If a faculty member wants to release a recording of a class that directly relates to a student, they must gain signed consent from the student to do so. In practical terms, the faculty should gain consent from all members of the class if they appear in the recording of the class. FERPA regulations require that institutions use “reasonable methods” to safeguard student information (PTAC, 2015). The law does not include specific requirements for firewalls, security monitoring, or response methods, but leaves that to universities to determine. It is also recommended that programs have a plan in place should a security breach occur. Although counselor educators may use the term confidentiality when referring to a student’s experience, dispositional issues, or educational record, it is important to note that a student does not have the same rights of confidentiality as a counseling client. In fact, FERPA allows faculty and programs to share student educational records (including disciplinary records) with other faculty