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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

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

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

“Sophisticated” Breach Exposes 300,000 Student Records at University of Maryland: 3 Questions You Should Ask

Officials at the University of Maryland (“University” or “UMD”) announced that UMD was the victim of a significant security breach that took place on Tuesday, February 18 (the “Breach” or “Incident”). The Incident,...more

No Right of Privacy for Bikini-Clad Image on Facebook

The use at a seminar on internet safety of a picture of a 17-year-old bikini-clad student taken from her Facebook page by a school district technology director did not violate the student’s right to privacy under federal law,...more

New Law Requires Local Public Agencies in California To Notify Anyone Affected by a Security Breach

Cities, Counties, Special Districts and School Districts Must Now Notify Those Impacted by Security Breaches - Gov. Jerry Brown recently signed Assembly Bill 1149 (AB 1149) and Senate Bill 46 (SB 46) into law,...more

And the hits keep on coming……..

The ”hits” to data bases, in any event. Here is a rundown of some of the most recent data breach reports – Oregon Health & Science University Data Breach Compromises 3,000 Patients’ Records in the Cloud. Modern...more

Academic Institutions Face Increased Threat Of Cyberattacks

American research universities typically structure their data and digital networks to be as accessible and open as possible to promote the open exchange and sharing of information. ...more

Is Your Firewall On? Are You Sure? Idaho State University Settles Privacy Rule Violations for $400,000

The HHS Office of Civil Rights (OCR) recently announced a $400,000 settlement with Idaho State University (ISU) following a lengthy investigation of the privacy and security practices at ISU outpatient clinics. In addition to...more

Employment Law Blog: Regzilla Stomps Another One! - Idaho State University and the Compliance Gap Analysis

Presumably at this point HIPAA, HITECH and the Omnibus Regulation have been published, digested and everyone is in full compliance with the requirements that have been set forth....more

Large Educational/Health System Targeted For HIPAA Enforcement

Idaho State University (ISU) was recently the target of an investigation and enforcement action for violations of the privacy and security rules of the Health Insurance Portability and Accountability Act (HIPAA)....more

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

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

Higher Education Highlights - Spring 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

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

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

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

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

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

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

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

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

Texas Court Refuses To Prohibit RFID Tags In School

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

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

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

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

No Password for You: California Enacts Social Media Privacy Laws Affecting Employers and Postsecondary Educational Institutions

Addressing a recent hot topic regarding the forced disclosure of social media passwords and/or content as part of the employment application process, California has promptly resolved the issue legislatively. Effective January...more

STAR Test Results Delayed Due To Security Breach

The results of the California STAR test are expected to be delayed about two weeks after it was discovered that several school sites may have breached standardized testing protocol. Over 400 images related to the test were...more

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