Education Privacy

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Ohio Districts Must Release Names of Substitutes Used During Strike If There Is No Current Threat

The Ohio Supreme Court ruled on March 25, that the names of substitute teachers who work during a teachers’ strike are public record, but qualified its decision to account for real-time threats to the replacement...more

Federal student privacy law in flux

In recent months, the White House and members of Congress have called for an overhaul of the forty-year old Family Educational Rights and Privacy Act (“FERPA”) ((20 U.S.C. § 1232g; 34 CFR Part 99), which safeguards the...more

Privacy Tuesday – March 2015: COPPA Refresh

On Friday, the FTC 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...more

FERPA and subpoenas for student records

With some frequency, we receive questions in our practice regarding the interplay between the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) and subpoenas or court orders. Many...more

E-Discovery and Information Management: Electronic Data Breach Of Student Records—The University’s Obligation To Disclose (3/15)

Data security breaches have become unfortunately prevalent amongst higher education institutions. In fact, colleges and universities suffer data breaches at a rate of just over one per week.(1) The Privacy Rights...more

12 Legal Mistakes to Avoid in Terms of Service for Online Educational Services and Apps

A classroom teacher comes across a promising online educational service or application that she wants to use with her students and comes to you to make sure it’s legally appropriate. The service or app would collect and use...more

Minnesota Weekly Legislative Update: 03/2015

The legislature has finished the 11th week of session, meaning only nine weeks remain before the 2015 session comes to a close. With the first bill deadline approaching at the end of next week, committees have been conducting...more

Higher Ed Legal Update, March 2015

Colleges and universities across America have recognized that unmanned aerial vehicles (UASs) – also known as drones -- have broad academic applications. Indeed, the Federal Aviation Administration reports that of the 900...more

Illinois Schools Face Tough Decisions in Combating Cyber-bullying

Illinois, like most states, has a law that addresses school districts’ responsibilities for addressing bullying in schools. With the growing presence of cyber-bullying, as of January 1, 2015, Illinois modified section 27-23.7...more

New California Privacy & Protection Act Proposes Standards for Personal Information Encryption, Bans Sales of Voice-Recording TVs,...

New legislation proposed in California includes a package of privacy-related bills referred to as the California Privacy & Protection Act. The bills proposed include...more

Blog: US Department of Education’s New Data Privacy Guidance: Why It Matters

In January 2015, the US Department of Education has issued an advisory to all elementary and secondary schools on data privacy and security issues to be considered in negotiating agreements with online service providers or...more

The Government's Strategy to Combat the "Cyber Arms Race"

In the midst of ongoing, escalating and increasingly troublesome reports of large-scale corporate cyber breaches, the federal government is trying to fight back more forcefully with a dual strategy to shore up agency...more

The FTC Did Some Kid-ding Around in 2014

2014 was a busy year for the Federal Trade Commission (FTC) with the Children’s Online Privacy Protection Act (COPPA). The FTC announced something new under COPPA nearly every month, including...more

It Takes More Than a Village: Protecting Student Privacy in the Age of Big Data

High-profile data breaches and cyber-attacks on well-known brands and businesses have dominated the news cycle for more than a year. Yet during the same time, less visible, but no less important efforts have been made to...more

White House Big Data Working Group Claims “Significant Progress” On Executive Branch Privacy Initiatives, But Blames Congress and...

On February 5 the White House big data and privacy working group released an “Interim Progress Report” (hereinafter “the Interim Report”) summarizing its “progress in furthering the majority of the recommendations made” in...more

And They’re Off!! The Maryland Legislative Session Has Begun

Maryland has begun its legislative session and PK Law is monitoring bills of interest. Bear in mind that the session is early on and many changes may take place during the 90 days the General Assembly is seated. Here are...more

District of Columbia Passes Two New Non-Discrimination Laws Impacting Employers

Earlier this week, D.C.’s Mayor signed two new measures amending the D.C. Human Rights Act (“DCHRA”) to prohibit (1) discrimination against employees of religiously-affiliated educational institutions on the basis of sexual...more

President Obama Announces New Legislative Proposal Focused on Improving the Nation’s Cybersecurity

In response to the recent wave of high-profile data breaches, President Obama has revealed proposed legislation aimed at improving the nation’s cybersecurity by increasing certain privacy protections, streamlining the...more

Cullen & Dykman Sees Colleges Calling for Title IX Help v [Video]

Jan. 27, 2015 (Mimesis Law) -- Jim Ryan talks with Lee Pacchia about how the rise in reported on-campus sexual assaults and the pressures on colleges and universities to do something about the problem has translated into a...more

President Obama Proposes New Data Privacy Legislation

On January 12, President Obama announced new privacy initiatives to combat identity theft, enhance consumer security, and improve data privacy online and in the classroom. His main legislative proposals call for (i) a...more

Cybersecurity and Privacy in State of the Union Address

As expected in his State of the Union address last night, President Obama made it very clear that cybersecurity is on his agenda for 2015. After stating that: “No foreign nation, no hacker should be able to shut down...more

#SOTU2015: Employment, Immigration, Cyber Safety, and Education in a New Era

On the evening of January 20, 2015, President Obama delivered his sixth State of the Union address in the chamber of the U.S. House of Representatives with Supreme Court justices, members of Congress, the president’s...more

‘The Fountain Hopper’ – The Latest Example of Student FERPA Activism

Last week, an anonymous Stanford University publication called The Fountain Hopper gained the attention of not only Stanford students, but admissions officers nationwide, when it disseminated a communication encouraging...more

Obama Administration Announces Cybersecurity and Privacy Initiatives

On Monday, January 12, 2015, President Obama appeared at the Federal Trade Commission to announce the administration’s blitz of cyber security and privacy legislative and public policy initiatives, which will be discussed in...more

New student data privacy laws: top points for school contractors and K-12 education sites, apps and online services

According to the Data Quality Campaign, 36 states considered 110 student data privacy bills in 2014, and 20 states enacted 28 such bills into law. At least eight of these new laws may have significant implications for...more

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