News & Analysis as of

Educational Institutions Personally Identifiable Information

1 Million Individuals’ Personal Data on Backup Drive is Stolen from Washington State University

File this story in the category of even locking data up in a safe is not secure. Washington State University (WSU) has begun to notify approximately 1 million individuals that their personal data was compromised when a...more

2017 Security Breaches: Frequency and Severity on the Rise

by Revision Legal on

We are only six months into 2017, and we can already tell that it is going to be a bumper year with regard to instances of data security breaches. Looking back at the hacking statistics from 2015 and 2016, we should not be...more

1.3 Million K-12 Students’ Data Potentially Exposed

We often comment how no industry is immune from data breaches. That would include educational institutions and their vendors, as this story reminds us....more

Washington University School of Medicine Victim of Phishing Attack

Another employee falls for a phishing attack. This time, it was an employee of the Washington University School of Medicine The employee received a phishing email on December 2, 2016, and feel for what looked like a real...more

Top Ten Education Developments, Breaches, and Settlements of 2016

This year has been a busy year for education law in the area of data privacy. Educational institutions continue to be a rich target for hackers. Additionally, there were some important developments in the interpretation of...more

University of Wisconsin Announces Data Breach of Law School Applicants

Last week, the University of Wisconsin Law School notified 1,213 applicants from 2005-2006 that their names and Social Security numbers were breached back in November. The University discovered that a hacker gained access to...more

UMass Amherst Settles HIPAA Violations with OCR for $650,000

The Office for Civil Rights (OCR) has announced that the University of Massachusetts Amherst (UMass) has agreed to settle an investigation against it as a result of a malware infection for $650,000, along with implementing a...more

U.S. Department of Education Issues Guidance on Student Medical Records

On September 14, 2016, the Department of Education (DOE) issued a “Dear Colleague Letter” to provide guidance on the application of the Family Educational Rights and Privacy Act (FERPA) to the disclosure of student medical...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

Colorado jumps into student data privacy protection with new privacy law

by Thompson Coburn LLP on

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

Colorado Student Data Privacy Bill – What EdTech software providers need to know

Colorado is the latest state to revisit, and expand upon, its laws pertaining to the use and protection of student data. Colorado Governor John Hickenlooper recently signed into law House Bill 16-1423 (the “Bill”) designed to...more

Colorado Law Protects Student Information, Boosts Cybersecurity Resources

by Ballard Spahr LLP on

Colorado Governor John Hickenlooper has signed into law two bills implementing enhanced protections and obligations for entities handling student personally identifiable information and increasing state resources dedicated to...more

Tidewater Community College hit with phishing scam exposing data of 3,193 employees

Tidewater Community College (Tidewater) has announced that the personal information, including names and Social Security numbers of 3,193 current and former faculty and staff members was compromised in a phishing scheme and...more

Colleges and Universities Are Prime Cyberattack Targets: What’s Behind the Threat?

by BakerHostetler on

When it comes to cyberattack targets, many think of retailers and associated credit card transactions or customer information, or perhaps healthcare providers with their ever-increasing storage and transmission of electronic...more

PAC Finds Student Discipline Records, Even if Redacted, Identified Students and Were Exempt from FOIA

by Franczek Radelet P.C. on

The Illinois Attorney General’s Public Access Counselor (PAC) issued a non-binding opinion that provides guidance on what constitutes a school student record as provided in the Illinois School Student Records Act (ISSRA) and...more

79,000 students’ data breached by vendor of Cal State

We End Violence, a third party vendor that provides online sexual assault prevention training to California State (Cal State) students notified Cal State that it experienced a vulnerability in its underlying code that exposed...more

States Try to Make the Grade with Student Data Privacy Efforts

by Davis Wright Tremaine LLP on

Eight states passed substantive bills during the 2015 legislative session requiring education-focused Internet service, websites and mobile app providers to take measures to protect student data - With students around the...more

Academic Institutions Are Under Cyber Attack

by McCarter & English, LLP on

Academia’s cyber preparedness (or lack thereof) has received less media attention than that of certain retailers and financial institutions, but nonetheless the cyber risks confronting universities are pervasive and alarming....more

Using Student Medical Records: Department of Education Issues New Guidance

by Holland & Knight LLP on

When is it legal and proper for higher education institutions to use student medical records other than for a student's healthcare? In answering that question, institutions have to balance students' privacy interests,...more

School Districts and Charter Schools Must Address Student Data Privacy Concerns in Contracts

by Franczek Radelet P.C. on

In working with school districts and charter schools, our firm has learned that many clients may have entered into agreements that lack key contract terms necessary to protect student data privacy. In other cases, we have...more

Delaware Changes Online, Student Privacy Protection Laws

by Ballard Spahr LLP on

Four pieces of legislation intended to improve online privacy and protections for Delaware residents were signed into law by Governor Jack Markell on August 7, 2015. Collectively, this legislation will impact a broad range of...more

The ABCs of COPPA Compliance

by LeClairRyan on

In today’s environment – when data breaches seem to be in the news nearly every day – the media, regulators and many others are hyper-focused on privacy issues. Schools and educational institutions are no exception when it...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

What is the Difference Between FERPA and PPRA? Protecting Student Privacy and Confidential Education Records

Two important federal laws protect the privacy rights of all students: the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, “FERPA” and Protection of Pupil Rights Amendment, 20 U.S.C. §1232h, “PPRA.” Both...more

N.J. Court Upholds Criminal Indictment against Former Employee Who Took Confidential Documents

by Ballard Spahr LLP on

Recently, the Appellate Division of the New Jersey Superior Court upheld a criminal indictment against a former employee of the North Bergen Board of Education (the Board), which stemmed from the alleged theft of public...more

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Cybersecurity

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