Education Law, Privacy

Sixth Circuit Rules School’s Search Of Student Cellphone Violated Fourth Amendment

by Jackie Wernz | Franczek Radelet P.C. on 4/24/2013

In a recent decision, the first federal appellate court to address the rights of school officials to search student cell phones held that a student’s violation of a school rule regarding technology did not justify a general...more

Public Records Law

by Mark Herron | Messer & Caparello, P.A. on 4/16/2013

Granting a motion for rehearing, the First District reconsidered its prior opinion concerning what constitutes a "student record" under the Family Educational Rights & Privacy Act (FERPA), Title 20 U.S.C. s. 1232g, and the...more

Higher Education Highlights - Spring 2013

by James Keller, William Manning, Christine Pickel, James Taylor, Jr. | Saul Ewing LLP on 4/9/2013

In This Issue: - U.S. Supreme Court to Rule on Causation Factor in Retaliation Claims - Student Sues University Over the Right to Keep a Guinea Pig in a College Dorm for Emotional Support - Delaware...more

Time to Take Advantage of HIPAA Omnibus Rule's "Good News": Fundraising, Research, and Student Immunization Records

by Kristen Blanchette, Adam H. Greene | Davis Wright Tremaine LLP on 4/3/2013

The Omnibus Rule went into effect on March 26, 2013. While covered entities and business associates have until Sept. 23, 2013, to comply with new restrictions and obligations, they can take advantage of the rule’s benefits...more

Be Careful When Searching Student Cell Phones, Sixth Circuit Warns

by David G. King, Christopher M. Trebilcock | Miller Canfield on 4/2/2013

With text messages, Tweets, Facebook posts and other digital communications so prevalent in student’s lives, schools have been struggling to deal with the influx of mobile devices on campus. Last week, the Sixth U.S. Circuit...more

Harvard's Secret E-Mail Search: The Intersection of Internal Investigations and Digital Privacy

by Benjamin Fischer | Morvillo Abramowitz Grand Iason & Anello P.C.... on 3/14/2013

Earlier this week, Harvard University acknowledged the fact that, in the wake of last summer’s cheating scandal that rocked the campus, it had secretly searched the e-mail accounts of 16 Resident Deans. The e-mail search was...more

Massachusetts’ Department of Education Issues Guidance on Gender Identity Law

by Murphy, Hesse, Toomey & Lehane, LLP on 2/27/2013

On November 23, 2011, Governor Deval Patrick signed into law “An Act Relative to Gender Identity” (Chapter 199 of the Acts of 2011). It went into effect on July 1, 2012, amending M.G.L. ch. 76, § 5 to prohibit discrimination...more

Are Emails, Texts, Tweets, And Other Digital Communications Student Records Under FERPA And State Law?

by Jackie Wernz | Franczek Radelet P.C. on 2/20/2013

As schools increase the use of technology to communicate with and about students, questions arise about the intersection between the data created and student records laws, such as the Federal Educational Rights and Privacy...more

Will Oregon's Manufacturing Employers Be Prohibited From Demanding Social Networking Login Passwords from Job Applicants?

by Louis Santiago | Holland & Knight LLP on 2/12/2013

Senate Bill 499, introduced by three Oregon Senators on February 7, 2013, would prohibit employers and universities, both public and private, from requiring applicants to turn over passwords to their personal social...more

#Edchat Followup: Legal Issues For BYOD And 1:1 Programs In Schools

by Jackie Wernz | Franczek Radelet P.C. on 2/12/2013

Each Tuesday the #Edchat hashtag brings together educators from across the globe to discuss education-related topics on Twitter. Last week one of the questions on #Edchat was “How do we train educators to teach in programs...more

Health Care Legal News - January 31, 2013 • Volume 3, Number 1

by Karolyn Bignotti, Deborah Grace, Randy Pistor, Rose Willis | Dickinson Wright on 2/5/2013

In This Issue: - SPECIAL EDITION ON THE HIPAA OMNIBUS FINAL RULE PART I - REVISIONS TO THE RULES ON BREACH NOTIFICATION - FINAL RULE REQUIRES GROUP HEALTH PLANS AND PROVIDERS TO UPDATE THEIR NOTICE OF PRIVACY...more

Mississippi Court Holds No Coverage for Voyeurism Claim Under E&O Policy

by Traub Lieberman Straus & Shrewsberry LLP on 1/24/2013

In its recent decision in Tudor Ins. Co. v. Manchester Educ. Found., Inc., 2013 U.S. Dist. LEXIS 8458 (S.D. Miss. Jan. 22, 2013), the United States District Court for the Southern District of Mississippi had occasion to...more

New State Laws Prohibit Employers and Academic Institutions from Requesting Usernames and Passwords to Monitor Social Media...

by Ropes & Gray LLP on 1/23/2013

An increasing number of states are passing laws that prohibit employers and academic institutions from requesting or requiring employees, job applicants, students, and prospective students to turn over their social media...more

Texas Court Refuses To Prohibit RFID Tags In School

by Tim Banks | Dentons on 1/14/2013

On January 8, 2012, the U.S. District Court for the Western District of Texas issued a ruling denying a preliminary injunction in a case involving the use radio-frequency identification (RFID) tags embedded in name badges to...more

RFID Chip in Student ID Badge Does Not Infringe on Religious Freedom

by Balough Law Offices, LLC on 1/9/2013

Requiring a high school student to carry an identification card with an RFID chip does not violate the student’s First Amendment religious and free speech rights. The Northside Independent School District in San Antonio...more

Texas Leg Watch 2013: Will Texas Prohibit Employers From Asking For Social Media Passwords?

by Travis Crabtree | Looper Reed & McGraw, P.C. on 1/9/2013

Democratic Texas State Representative Helen Giddings filed a bill prohibiting employers in Texas from asking for social media passwords from applicants and current employees. Texas joins a long list of states that have...more

Michigan Becomes the Sixth State to Enact So-Called “Facebook Password” Law

by Michelle P. Crockett, Adam S. Forman | Miller Canfield on 1/3/2013

As we alerted you on December 21, 2012, the Michigan Legislature passed House Bill 5523, known as the Internet Privacy Protection Act (IPPA). On December 28, 2012, Governor Snyder signed the IPPA, which took effect...more

Michigan’s Internet Privacy Protection Act

by Adam S. Forman, David G. King | Miller Canfield on 12/24/2012

On December 13, 2012, the Michigan Legislature passed House Bill 5523, known as the Internet Privacy Protection Act (IPPA), which if signed by Governor Rick Snyder, will become effective immediately....more

Michigan’s Internet Privacy Protection Act and Its Effect on Educational Institutions

by Michelle P. Crockett | Miller Canfield on 12/24/2012

On December 13, 2012, the Michigan Legislature passed House Bill HB 5523, known as the Internet Privacy Protection Act (IPPA), which, if signed by Governor Rick Snyder, will become effective immediately....more

Illinois Appellate Court Decides Two FOIA Cases on Fees that Public Body Can Charge and Justification for Attorneys’ Fees

by Franczek Radelet P.C. on 11/1/2012

In two recent decisions, the Illinois Appellate Court clarified the fees that a public body can charge for copying records pursuant to a Freedom of Information Act (FOIA) request and the circumstances justifying the...more

Focus on Employment and Labour, October 2012 - Canada's Highest Court Rules on Employee Privacy Rights over Work Computer

by Dentons on 10/25/2012

In this issue of Focus on Employment and Labour, FMC's Andrea Raso Amer and Eric Sherbine present their article "Canada's Highest Court Rules on Employee Privacy Rights over Work Computer". Canada's Highest Court Rules...more

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Education Law › Privacy