Recently, I created two new FERPA training resources.
I created a 1-page visual summary of FERPA, which I call the FERPA Whiteboard. The idea was to summarize HIPAA in a concise and visually-engaging way. You can download a PDF handout version here. We’ve been licensing it to many organizations for training and awareness purposes.
FERPA Interactive Whiteboard
I subsequently created a new training module — an interactive version of the FERPA Whiteboard — the FERPA Interactive Whiteboard. When people click on each topic, the program provides brief narrated background information, presented in a very understandable and memorable way. Trainees can learn at their own pace. This program is designed to be very short — it is about 5 minutes long.
It can readily be used on internal websites to raise awareness and teach basic information about FERPA. It can also be used in learning management systems.
I co-authored Risk and Anxiety: A Theory of Data Breach Harms with Professor Daniel Keats Citron. The piece is forthcoming in Texas Law Review this year. Even though there continues to be a steady flow of data breaches, there remains significant confusion in the courts around the issue of harm. Courts struggle with data breach harms because they are intangible, risk-oriented, and diffuse. Professor Citron and I argue: “Despite the intangible nature of these injuries, data breaches inflict real compensable injuries. Data breaches raise significant public concern and legislative activity. Would all this concern and activity exist if there were no harm? Why would more than 90% of the states pass data-breach notification laws in the past decade if breaches did not cause harm?” We provide examples of different types of data breaches and discuss whether harm should be recognized. We argue that there are many instances where we would find harm that the majority of courts today would not.
The General Data Protection Regulation (GDPR) is one of the world’s strictest data privacy laws and requires privacy professionals around the globe to design and implement comprehensive compliance programs. In the past year, I developed a series of resources and training courses to assist privacy professionals with this complex task.
200+ pages of the GDPR summarized into 1 page! Download it for free here. This one page visual summary of GDPR will help you and your workforce understand many of the key elements associated with this law including Territorial Scope, Lawful Processing, Rights of Data Subjects, Enforcement and more.
I created a new highly-interactive version of the GDPR Whiteboard (~5 mins) — a computer-based module that can readily be used on internal websites to raise awareness and teach basic information about GDPR. It can also be used in a learning management system (LMS)
The GDPR Interactive Whiteboard adds a new level of engagement to the analog GDPR Whiteboard. and can be used in tandem with the analog version or in lieu of it.
A Guide to GDPR Training will answer many of your questions about implementing workforce privacy awareness training.
The GDPR mandates that all staff “involved in the processing operations” receive privacy awareness training. In general, the Data Protection Officer (DPO) is tasked with ensuring that all training requirements have been fulfilled. A comprehensive GDPR training program should include:
basic privacy awareness training for your general workforce
advanced training for personnel who need more detailed knowledge of GDPR
role-based training specific to an individual’s job function.
I have several training courses to help organizations meet the GDPR requirements, such as the ones below plus courses on Privacy by Design, vendor management, risk and trust, and other important privacy topics.
This course provides an overview of the GDPR. It also explains the importance of GDPR compliance and the severe penalties that may be imposed for non-compliance. It is suitable for both lawyers and non-lawyers . This course can also be offered in conjunction with other courses in our series – Privacy Shield and European Union Privacy Law.
Data Controllers and Data Processors
Rights and Responsibilities
International Data Transfer
Rights and Responsibilities Transparency
Purpose Specification and Minimization
Right to Erasure
Right to Data Portability
Data Protection by Design
Data Protection Impact Assessments
Record of Data Processing Activities
Data Breach Notification
This course (~20 minutes or 30 minutes) is designed to provide basic privacy awareness to the workforce of global organizations. I updated this program for GDPR. The course focuses on three main issues:
Why is privacy important?
What is personal data?
How do we protect privacy?
The Purpose of this Training Personal Data
People Care About Privacy
Why We Protect Personal Data Respect
What is Personal Data? Identifying Personal Data or PII
Data Collection Lawful Basis
Data Collection Limitation
Data Handling and Processing Limited Access
Use of Personal Data Purpose Specification
Individual Knowledge and Participation Notice
Access and Correction
Right to Erasure
Right to Data Portability
Transfer and Sharing of Data International Transfers of Data
Sharing Data with Third Parties
Accountability Privacy by Design
Ask the Privacy Office
Countless women have been coming forward to say #MeToo and share their traumatic stories of sexual harassment and assault. But there are many stories we’re not hearing. These stories are being silenced by extremely broad nondisclosure agreements (NDAs), some made at the outset of employment and others when settling litigation over sexual harassment. They stop victims from talking. They also silence other employees who witness sexual harassment of co-workers. NDAs were a powerful device used by Harvey Weinstein to hush up what he was doing.
In her new book, You Don’t Own Me: How Mattel v. MGA Entertainment Exposed Barbie’s Dark Side, Professor Orly Lobel tells a fascinating story about the Barbie versus Bratz litigation, which went on for about a decade. Her book is a page turner — told as a story that could readily be a movie. The book succeeds brilliantly as a gripping tale. But it goes beyond great storytelling to explore many important issues related to business, employment, and intellectual property: the enormous power of corporate employers, the weaponized use of intellectual property to stifle innovation, the dismal failure of business ethics, the troubling use of nondisclosure agreements (NDAs) to maintain dominance and power, and the punishing litigation process.Continue Reading