Education Privacy

Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.
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U.S. Supreme Court’s Decision Raises Questions About Cell Phone Searches in Schools

The long-standing test for searching students at school requires that the search must be based on a “reasonable suspicion” that the student violated a school rule or law. A recent criminal decision from the United States...more

House Subcommittees Hold Joint Hearing on Data Mining and Student Privacy

Today, the House Education Subcommittee on Early Childhood, Elementary, and Secondary Education and the Homeland Security’s Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies held a joint...more

Louisiana’s recent enactment of the Personal Online Account Privacy Protection Act

Following in the footsteps of several other states including Arkansas, Colorado, Illinois, Maine, Nevada, New Jersey, New Mexico, Oregon, Utah, Washington, and Wisconsin, Louisiana recently enacted the Personal Online Account...more

Update on Recent FOIA and OMA Illinois Supreme Court and Attorney General Opinions

- The Illinois Supreme Court rules state's attorneys are subject to the Freedom of Information Act. - The Illinois attorney general rules that: (i) the Open Meetings Act requires public bodies to recite the key terms of...more

Perspectives - June 2014

In This Issue: - Staying in Compliance While Giving or Receiving Electronic Health Record Systems - When Donations Cross the Line - House Bill 296 Signed into Law to Increase Access to Epinephrine Autoinjectors...more

Iowa Case Highlights Often Overlooked Risk of Releasing Personal Emails in Public Records Requests

As a frequent advisor to school districts on freedom of information requests, the question I face most often is how a public body can protect a sensitive document from release. ...more

Louisiana Bans Access To Employees' Social Media

On May 22, Louisiana Gov. Bobby Jindal signed the Personal Online Account Privacy Protection Act into law. The Act, effective immediately, prohibits employers from requesting or requiring access to the personal online...more

Confidentiality and Title IX

In OCR’s April 2011 Dear Colleague Letter, OCR referenced a covered institution’s obligations in the face of knowledge of sexual harassment/misconduct and a victim’s request for confidentiality and/or that the institution not...more

South Carolina Legislative Update - May 2014

“Crossover” Complete - The General Assembly’s May 1 “crossover” deadline requires bills to move from one legislative body to the other or require a two-thirds vote for consideration in the receiving chamber for bills...more

Kentucky Enacts Data Breach Notice Law That Adds Extra Protection for Student Information while inBloom Withers

The world of the 1987 movie Robocop largely remains science fiction – except, perhaps the central character’s ability to access massive amounts of confidential personal data through the strike of a keyboard or even his helmet...more

FTC Continues to Update COPPA FAQs - This Time, Guidance for Schools

As part of our ongoing updates on guidance the Federal Trade Commission offers through its Frequently Asked Questions (FAQs) relating to its updated Children’s Online Privacy Protection Act (COPPA) Rule, we note that recently...more

FTC Changes COPPA FAQ To Provide New Guidance On Consent And Data Collection In Educational Settings

On April 22, the Federal Trade Commission (FTC) updated its "Frequently Asked Questions" (FAQ) website to provide additional information on how operators can collect students' personal information—in compliance with the...more

FTC Updates COPPA FAQs to Address Education Space

The FTC has just published updates to the COPPA FAQs, the Commission’s compliance guide for businesses and consumers, to address the applicability of COPPA and the Amended COPPA Rule to educational institutions and businesses...more

Kentucky Enacts Data Breach Notification Law - New Law Limits Cloud Service Providers’ Collection of Student Data

Kentucky is the 47th state, along with the District of Columbia, Guam, Puerto Rico and the Virgin Islands, to enact a data breach notification law requiring business entities to notify individuals of security breaches...more

A Parent’s Right To College Records

For many parents, the financial support they provide to their children does not end after their children graduate from high school. For divorcing parents in particular, the payment of their children’s future college expenses...more

Privacy & Security Bits and Bytes

There has been so much news swirling in the data privacy and security world in the last few days, that it has been difficult to keep up. We’ll give you a roundup here....more

Kentucky Enacts Data Breach Notification Statute

On April 10, 2014, Kentucky Governor Steve Beshear signed H.B. 232 into law, making Kentucky the 47th state to enact data breach notification legislation. Prior to H.B. 232, Kentucky was one of only four states—including...more

Ill Conceived California Privacy Bill Threatens Viability Of Commercial Educational Online Services

SB 1177, the Student Online Privacy Protection Act was recently introduced in the California legislature. This is a bad bill for the private educational industry, and ultimately for parents and students. It would drastically...more

Closing The Gap Between Privacy Policies And The Use Of Portable Storage Devices

The Office of the Privacy Commissioner of Canada has released its Report of Findings from a year-long investigation into a significant incident involving the loss of personal data at the former Ministry of Human Resources and...more

Impact On Employers And Schools Of Illinois Supreme Court’s Rejection Of Eavesdropping Law

Employers, schools, and other entities have long relied on the Illinois Eavesdropping Act to prohibit individuals from recording conversations, meetings, classes, and other activities without the consent of all participants....more

Weekly Update from the State House - March 21, 2014: The House focused on "South Carolina Pain Capable Unborn Child Protection...

Details from Each Chamber: HOUSE - The House moved through the Calendar this week, focusing much of their time debating H. 4223, the "South Carolina Pain Capable Unborn Child Protection Act". The bill, which bans...more

U.S. Department Of Education Releases Guidance On Protecting Student Information While Using Online Educational Services

Last month, the U.S. Department of Education released guidance on the proper use, storage and security of student data being generated by new online educational resources. Published by the Department’s new Privacy Technical...more

Oops and the FOIA, Part One; Kadri v. Groton Board of Education and Protections From the Accidental Disclosure of Attorney-Client...

What happens when your agency’s lawyer sends out a confidential letter that is somehow leaked? A relatively recent decision by the Freedom of Information Commission [“FOIC”] appears to indicate that all is not lost, as...more

U.S. Department of Education Issues Guidance to Protect Student Privacy Online

Educational institutions face greater legal exposure given their increasing use of online educational services – and situations where they can both collect and disclose protected information. As a result, these institutions...more

Update on Social Media Legislation in Maine

Updating my previous post on this topic, the Judiciary Committee today reported L.D. 1194, An Act to Protect Social Media Privacy in School and the Workplace out of Committee with a recommendation that the bill be passed as...more

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