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GDPR's Most Frequently Asked Questions: If I Already Drafted a Privacy Policy to Comply with US Law Do I need to Change it for the...

by Bryan Cave on

The European Union’s General Data Protection Regulation (“GDPR”) is arguably the most comprehensive – and complex – data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

Education Department Toughens Tone on Cyber and Threatens to Pull Funding for Non-Compliance

Recently-issued guidance from the U.S. Department of Education (ED) threatens to “yank” Title IV funding for post-secondary institutions lacking appropriate data security safeguards....more

Does Providing A Parent With The Surveillance Video Of A School Incident And/Or Student Statements About The Incident That...

The United States Department of Education’s Office of the Chief Privacy Officer recently issued a guidance letter to a school district indicating that while surveillance video of a hazing incident that involved numerous...more

Athletes and their Biometric Data – Who Owns It and How It Can Be Used

More than ever before, biometric data, a term often used broadly to refer to metrics related to human characteristics, is being collected at a faster pace. Devices of all kinds are now able to able to track and store data...more

Are You Ready For A DHS Visit? Top Five Things Schools Need to Know NOW

by Pessin Katz Law, P.A. on

There have been few occasions in recent history when immigration has been such a hot topic. The current administration has directed Immigration and Customs Enforcement (ICE) to increase enforcement efforts against removable...more

The 2018 Virginia General Assembly Session Hasn’t Begun, but Legislation on Student Privacy and Credit Freeze Charges is Already...

by McGuireWoods LLP on

As previously written about in this blog, student privacy figured prominently in a few campaigns for the Virginia House of Delegates this past Fall. A progressive special interest group utilized Virginia’s Freedom of...more

Federal Agencies Respond to Concerns About Student Privacy

by McGuireWoods LLP on

The Federal Trade Commission (FTC) and U.S. Department of Education (ED) increasingly are responding to concerns about educational technology and its ability to capture and manipulate massive quantities of private student and...more

Cybersecurity lapses could cost Title IV eligibility for higher ed

by Thompson Coburn LLP on

Data security breaches are an unfortunate reality for almost all businesses in today’s information-driven marketplace. From Target, to Home Depot, to Equifax, data breaches are increasingly common and potentially devastating...more

The Internet of Toys: Legal and Privacy Issues with Connected Toys

by Dickinson Wright on

Most people have heard of the Internet of Things, or IoT. With the holidays fast approaching, and with the onslaught of new smart and Internet-connected smart toys, for parents and toy manufacturers, at least for the next few...more

Oregon Court Upholds Public University’s Refusal to Release Patient Tort Claimant Names

On October 19, 2017, the Oregon Supreme Court denied a public records request by The Oregonian Publishing Company, LLC (The Oregonian), a newspaper, to Oregon Health and Sciences University (OHSU), a public health and...more

CAS Legal Mailbag Question of the Week - October, 2017 #4

by Shipman & Goodwin LLP on

Dear Legal Mailbag: A few weeks ago, I received a phone call from an outside therapist who is seeing one of my students who refuses to come to school. I did not have a release to speak to this individual but, without...more

The Politics of Access to Student Data

by McGuireWoods LLP on

Combine several hotly contested elections for state office, traditional voter registration and mobilization tactics, a progressive special interest group and the use of an existing law to gain access to tens of thousands of...more

Protecting Student Data: Student Privacy Requirements and Guidelines for Post-Secondary Institutions

by Reed Smith on

Technology plays an increasingly important role in the learning experience for students from kindergartners through college and beyond. It also improves the student interaction with learning materials and provides educators...more

DOE Replaces Obama Title IX Guidance with New, Interim Q&A Document

by Baker Donelson on

As predicted in our previous update, the Office for Civil Rights (OCR) of the U.S. Department of Education (DOE) rolled out its first wave of changes to the Obama Administration's Title IX guidance on Friday, September 22....more

State of Connecticut Provides Guidance on Changes to Education Records of Transgender Students

The Connecticut State Department of Education (DOE) recently published guidance on implementing civil rights protections for transgender students. The guidance, in part, provides information on issues related to requests that...more

CSDE Provides Guidance, FAQs on Civil Rights Protections and Supports for Transgender Students

by Shipman & Goodwin LLP on

In light of the Trump administration’s rescission of 2016 federal guidance from the U.S. Departments of Justice and Education concerning school district obligations to transgender and gender nonconforming students, on...more

Can they Resign? Privacy Issues for Iowa Public Employers

by Davis Brown Law Firm on

In a post last week, we covered some of the implications of allowing an employee to resign rather than be terminated. House File 291, signed into law earlier this year by Governor Branstad greatly impacts public employers and...more

Use Caution when Monitoring Comments on Your School’s Social Media Page

by Franczek Radelet P.C. on

Public schools should be cautious as to how they moderate access to and comments on their social media profiles. In Packingham v. North Carolina, the Supreme Court recently recognized that the Internet, and particularly...more

Advocates Say Schools Can Help Alleviate Students’ Fears of Parent Deportation - Partner Dina Harris Discusses Legalities with...

by Best Best & Krieger LLP on

Because U.S. Immigration and Customs Enforcement normally will not conduct enforcement actions at schools, schools can connect fearful families with information and community service organizations, an advocate said....more

The Protection of Biometric Information

As states develop new laws directed at the security of biometric identifiers, such as fingerprints and retina scans, institutions of higher education are likely to face a host of new compliance requirements and increased...more

Task Force Finds More Than 150 Antiquated Federal Regulations – And Counting

by Barley Snyder on

A federal task force already has identified more than 150 education regulations that could be changed or repealed – and it’s not done yet. The Department of Education has issued a request for input on regulations the...more

Further Breaking News for New York State Institutions: State Provides Clarification on Article 129-B Audit

On Friday, July 7, 2017, the Office of Campus Safety clarified its Notice of Audit, specifically stating that it is “not requesting submission of personally identifiable information of any individual” and emphasizing that...more

Breaking News for New York Institutions: State to Narrow Scope of Article 129-B Audit

In light of the serious concerns institutions and advocates have expressed about FERPA and other privacy laws, we have recently been informed that the Office of Campus Safety will likely revise its Notice of Audit, dated June...more

Office of Open Records Holds That School Videos Depicting Student In An Altercation Is Not An Educational Record Of The Student...

by Tucker Arensberg, P.C. on

Hawkins v. Central Dauphin School District, AP 2016-0583, 2016 PA O.O.R.D. LEXIS 760. The Office of Open Records reverses its earlier decision and holds that a video from a school bus video system showing an altercation...more

N.Y. Education Law Article 129-B Notice of Audit Issued to New York Colleges and Universities

Many institutions are reporting receipt of a letter dated June 26, 2017 from the New York Office of Campus Safety with an attached Notice of Audit (“Notice”) pursuant to New York Education Law Article 129-B (N.Y. Educ. Law §§...more

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