by Daniel J. Solove
I recently created a new resource page for the TeachPrivacy site: An Overview of Education Privacy.
New Resource Page: An Overview of Education Privacy
All posts in FERPA
Lawsuits for HIPAA Violations and Beyond: A Journey Down the Rabbit Hole
by Daniel J. Solove
At first blush, it seems impossible for a person to sue for a HIPAA violation. HIPAA lacks a private cause of action. So do many other privacy and data security laws, such as FERPA, the FTC Act, the Gramm-Leach-Bliley Act, among others. That means that these laws don’t provide people with a way to sue when their rights under these laws are violated. Instead, these laws are enforced by agencies.
Who Are the Privacy and Security Cops on the Beat?
by Daniel J. Solove
Are privacy and security laws being enforced effectively? This post is post #3 of a series called Enforcing Privacy and Security Laws.
October 21, 2014
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Category: CFPB, Enforcement, EU Data Protection Directive, European Union Privacy, FCC, FERPA, FTC, HHS Office for Civil Rights, NLRB, Privacy, Privacy Laws
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Why Being Well-Regulated Is Good for Business
by Daniel J. Solove
After Apple announced that it wouldn’t provide law enforcement with an easy back door to access data on people’s devices, we heard loud whining coming from the FBI and various security proponents that this would be bad for security.
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July 9, 2014
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Category: APEC Privacy Framework, BCRs, BYOD, Chief Privacy Officers, Chief Security Officers, Cloud Computing, Data Security, Education Privacy, Employment Privacy, EU Data Protection Directive, European Union Privacy, FERPA, Financial Privacy, FTC, GLBA, Global Privacy, HIPAA, HIPAA Business Associates, International Privacy, Mobile Devices, New Developments, New Training Programs, OECD Privacy Guidelines, Phishing, Privacy, Privacy by Design, Privacy Laws, Safe Harbor, Scholarship, Social Engineering, Social Media, Training, Training: Data Security, Training: FERPA, Training: Financial Privacy, Training: HIPAA, Training: PCI, Training: Privacy Awareness, Training: Safe Harbor
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The Most Effective Factor in Education
by Daniel J. Solove
I’ve been a teacher for the past 15 years, and I’ve taught in several mediums including live classes and computer-based e-learning. I have come to the conclusion that the most effective factor in education and training is fostering emotional investment.
Simply put, students must care about learning the material. The more they care, the more they learn.
The notion of getting emotional investment from students might sound like simple common sense, but it is often not done …and often not even attempted.
Big Data and Our Children’s Future: On Reforming FERPA
by Daniel J. Solove
Last week, the White House released its report, Big Data: Seizing Opportunities, Preserving Values. My reaction to it is mixed. The report mentions some concerns about privacy with Big Data and suggests some reforms, but everything is stated so mildly, in a way designed to please everyone. The report is painted in pastels; it finesses the hard issues and leaves specifics for another day. So it is a step forward, which is good, but it is a very small step, like a child on a beach reluctantly dipping a toe into ocean.
May 14, 2014
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Category: Big Data, Chief Privacy Officers, Chief Security Officers, Cloud Computing, Data Breach, Data Security, De-Identification of PHI, Education Privacy, FERPA, Privacy
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Why Did inBloom Die? A Hard Lesson About Education Privacy
by Daniel J. Solove
For any organization who doesn’t take privacy seriously, the demise of inBoom should be a loud wake up call. Funded by $100 million from the Gates Foundation, inBloom was a non-profit organization aiming to store student data so that school officials and teachers could use it to learn about their students and how to more effectively teach them and improve their performance in school. Who would have thought that a project with so much funding and promise would be shutting down just a few years after its creation? What went wrong?
Our Privacy and Data Security Depend Upon Contracts Between Organizations
by Daniel J. Solove
Increasingly, companies, hospitals, schools, and other organizations are using cloud service providers (and also other third party data service providers) to store and process the personal data of their customers, patients, clients, and others. When an entity shares people’s personal data with a cloud service provider, this data is protected in large part through a contract between the organization and the cloud service provider.
In many cases, these contracts fail to contain key protections of data. For example, a study conducted by Fordham School of Law’s Center on Law and Information Policy revealed that contracts between K-12 school districts and cloud service providers lacked essential terms for the protection of student data. I blogged about this study previously here.
May 5, 2014
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Category: Cloud Computing, Data Security, Enforcement, FERPA, FTC, Privacy, Privacy Laws, Scholarship
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The Battle for Leadership in Education Privacy Law: Will California Seize the Throne?
by Daniel J. Solove
This post was co-authored by Professor Paul Schwartz, Berkeley Law School.
Education was one of the first areas where privacy was regulated by a federal statute. Passed in the early 1970s, the Family Educational Rights and Privacy Act (FERPA) was on the frontier of federal privacy regulation. But now it is old and ineffective. With the growing public concern about the privacy of student data, states are starting to rev up their engines and become more involved. The result could be game-changing legislation for the multi-billion dollar education technology industry.
April 7, 2014
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Category: Cloud Computing, Department of Education, Education Privacy, Enforcement, FERPA, HHS, HHS Office for Civil Rights, HIPAA, New Developments
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