Other Resources for Federal Laws or Legislation

Understanding Information Security and Privacy in Postsecondary Education Data Systems

May 12, 2017 | Educause

Understanding Information Security and Privacy in Postsecondary Education Data Systems

This paper outlines the information security and privacy challenges that exist within the national postsecondary education data infrastructure. It also introduces key language related to information security and privacy in order to provide a common lexicon to frame data protection discussions, describes the general technology architectures considered in the national postsecondary education data infrastructure, summarizes […]

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Failed Justifications: Why Privacy and Federalism Do Not Support the Ban on a Federal Unit-Record System

May 12, 2017 | Georgetown Law Journal

Failed Justifications: Why Privacy and Federalism Do Not Support the Ban on a Federal Unit-Record System

This article suggests that the ban on a federal unit-record system cannot be supported by appeals to either privacy or federalism. Because these arguments were not fully developed by the opponents of the unit-record system and were not even explicit in the case of federalism concerns it is useful to consider legal and normative arguments within each […]

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Data Privacy Issues: Know Your Rights and Responsibilities

May 12, 2017 | The National Association Of College and University Attorneys

Data Privacy Issues: Know Your Rights and Responsibilities

This paper offers a broad overview of the data privacy protection regime, as it applies to institutions of higher education. Part I provides an overview of the U.S. and international data privacy protection framework. Part II offers suggestions regarding ensuring compliance and minimizing risk of data breach. Finally, Part III provides some guidelines for handling […]

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College And University Data Breaches: Regulating Higher Education Cybersecurity Under State And Federal Law

May 11, 2017 | Journal of College and University Law

College And University Data Breaches: Regulating Higher Education Cybersecurity Under State And Federal Law

This article discusses the types of breaches commonly faced by higher education institutions and what steps these institutions can take to limit liability and properly respond to potential litigation. Part I will address how data breaches occur, and Part II will outline what kind of data breaches commonly affect colleges and universities, including examples of colleges and […]

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When Students Become Patients, Privacy Suffers

May 11, 2017 | ProPublica

When Students Become Patients, Privacy Suffers

This article explains that university students have less privacy for their campus health records than they would have if they sought care off campus, and offers the school’s perspective that they are trying to seek the right balance between privacy and safety.

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Taking HIPAA to School: Why the Privacy Rule Has Eviscerated FERPA’s Privacy Protections

May 11, 2017 | John Marshall Law Review

Taking HIPAA to School: Why the Privacy Rule Has Eviscerated FERPA’s Privacy Protections

This article outlines school social workers’ recordkeeping requirements, focusing on access and disclosure procedures designed to maintain an appropriate level of confidentiality for all therapy records. What makes the educational setting complex is that not only must school social workers comply with general confidentiality laws regarding social work records, they also must adhere to relevant […]

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Student Privacy 101: Health Privacy in Schools – What Law Applies?

May 11, 2017 | World Privacy Forum

Student Privacy 101: Health Privacy in Schools – What Law Applies?

Whether your records are covered under HIPAA or FERPA — or in some cases are not covered under any law — can be a challenging question to answer in some instances. Here are some basics to guide you through the most important parts of what information is covered by what law, when, and where.

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Dismantling a Dual-Headed System of Governance: How a Regulatory Overlap Undercuts the Security of Student Health Information in Public Schools

May 11, 2017 | Administrative Law Review

Dismantling a Dual-Headed System of Governance: How a Regulatory Overlap Undercuts the Security of Student Health Information in Public Schools

This article argues that regulating student health information through two separate federal statutes further monitored by two separate administrative agencies does little to either protect the privacy of student health information or ensure that this information is used to address student medical needs. This Article explains the inefficiencies created by this system of protecting student health […]

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Complying with COPPA: FAQs (Section M)

May 11, 2017 | Federal Trade Commission

Complying with COPPA: FAQs (Section M)

This FAQ document is a guide for businesses and parents on COPPA and a guide for small entities who work with student data on how to remain compliant with COPPA.

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