Privacy Education

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Privacy Rules Surrounding Student Mental Health

September can bring about lots of changes, especially for college students. The National Alliance on Mental Illness (NAMI) released a guide for departing college students and their families on mental illness, including...more

CAS Legal Mailbag Question of the Week – September, 2016 #2

Dear Legal Mailbag: Recently, a parent called to complain about a teacher’s being “spaced-out” when she talked to him about her child. This parent is quick to draw judgments about people and even quicker to share them. I...more

Pullman & Comley’s 2016-17 Superintendents’ Legal Issues Forum – Session One Recap

Pullman & Comley’s 2016-17 Superintendents’ Legal Issues Forum got off to a great start with a thought provoking presentation by Mark Sommaruga and Zach Schurin regarding a summary of 2016 Connecticut legislative enactments...more

Department of Education Issues New Guidance on Disclosure of Student Medical Records

The Family Policy Compliance Office at the U.S. Department of Education (the Department) recently released "significant guidance" on the application of the Family Educational Rights and Privacy Act (FERPA) to the release of...more

First Day of School for the NYS Education Department’s New Chief Privacy Officer

As New York public schools increase the use of technology in day-to-day operations and in the classroom, they increasingly face data management and data security threats similar to those faced by businesses and non-profit...more

Florida Court Holds Budget Request Forms and Activity and Service Fee Records Not “Educational Records”

On August 11, 2016, a Florida state court judge held that the University Central Florida Board of Trustees (“UCF”) must produce Budget Request forms and Activity and Service Fee Database records to Knight News, Inc. (“KNI”)...more

Heal Thyself: Insider Threats to Heed, Especially for Industries with Large Amounts of Personal Information

A recent study by the Ponemon Institute found that insider threats due to malicious or negligent employees are the leading cause of private-sector cybersecurity incidents. Of the over 600 information security professionals...more

FCC Allows for Greater Use of Robo-Calls By School Districts

The Federal Communication Commission (FCC) has issued a ruling that clarifies the application of the Telecommunications Consumer Protection Act (TCPA) to schools to allow automated calls and texts to parents in the case of...more

FCC Holds Educators and Utilities Making Certain Robo Calls Do Not Violate The TCPA

On August 4, 2016, the FCC released a Declaratory Ruling confirming that schools and utilities making robo calls do not violate the TCPA under certain circumstances. The Ruling, addressed Petitions filed by Blackboard, Inc....more

FCC Issues TCPA Compliance Ruling for School-Related Calls

Last Thursday, the Federal Communications Commission (the “FCC” or “Commission”) issued a Declaratory Ruling addressing certain Telephone Consumer Protection Act (“TCPA”) compliance concerns raised by educational technology...more

FCC Outlines Exemptions from the TCPA for Schools and Utilities

On Thursday, Aug. 4, the FCC granted organizations representing schools and utilities significant relief from liability under the Telephone Consumer Protection Act—a law that subjects callers to substantial penalties if they...more

High Court Permits University’s Contravention of Its Own Privacy Policy

The High Court in Bangura v Loughborough University [2016] EWHC 1503 (QB) ruled 19 May that Loughborough University acted lawfully under the Data Protection Act 1998 (“DPA”) in supplying Leicestershire Police with the...more

FCC Exempts Schools and Utilities from TCPA for Emergencies

On August 4, 2016, the Federal Communications Commission (FCC) issued a ruling applicable to schools and utilities regarding the application of the Telephone Consumer Protection Act (TCPA) to robocalls and text messages to...more

FCC Ruling Clarifies TCPA for Schools and Utilities

The Federal Communications Commission (FCC) has issued a Declaratory Ruling clarifying the application of the Telephone Consumer Protection Act (TCPA) to communications from schools and utilities. Specifically, the Ruling...more

University of Mississippi to Pay $2.75 Million for Alleged HIPAA Violations

On July 21, 2016, the Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) announced a settlement with the University of Mississippi Medical Center (UMMC), stemming from a 2013 breach of...more

2.7 Million Dollar HIPAA Settlement

Last week, Oregon Health & Science University (“OHSU”) agreed to pay $2.7 million to resolve potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Security Rule, Privacy Rule, and...more

Uniform Approach Proposed to Protect Employee and Student Online Login Information

State legislatures are increasingly legislating in the area of employee and student online privacy. Privacy practitioners should be aware that there is now a proposed uniform law for the states to consider enacting. At its...more

OCR’s Recent $2.7 Million Settlement with Oregon Health & Science University Highlights the Importance of HIPAA Compliance...

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) and Oregon Health & Science University (OHSU) recently entered into a resolution agreement to settle potential violations of HIPAA’s Privacy and...more

Judge seals transcript of Title IX hearing

A federal judge in North Carolina sealed a transcript of a University of North Carolina (UNC) hearing to determine whether the plaintiff was responsible for committing sexual acts without consent. In the case in question, the...more

See You In Court! - July/August 2016

Out of the blue, Nancy Newshound, longtime reporter for the Nutmeg Bugle called Mr. Superintendent. “I understand that a student hacked the district’s system and changed a bunch of grades,” she stated. “What can you tell me...more

Colorado jumps into student data privacy protection with new privacy law

The recognized trend in data privacy is that those collecting or storing personally identifying information (“PII”) are required to safeguard and protect that information. The requirement to safeguard and protect data extends...more

Education Legislation Summary 2016

2016 SESSION - CONNECTICUT GENERAL ASSEMBLY - In its 2016 regular and special sessions, the General Assembly made a number of changes in the statutes that affect public education in Connecticut. This summary...more

Safeguard Your Federal Funding – Transgender Students And Title IX Compliance

On May 13, 2016, the U.S. Department of Education and U.S. Department of Justice published a guidance document for elementary and secondary schools that reaffirmed its 2015 opinion letter on how Title IX’s regulations apply...more

Recent U.S. Department of Education Dear Colleague Letter Raises the Bar on Standards for Protecting Federal Financial Aid Data

On July 1, 2016 the U.S. Department of Education issued a follow-up Dear Colleague Letter to the Dear Colleague Letter of July 29, 2015. This most recent letter reminds institutions of their legal obligation to protect...more

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