Monthly Archives: August 2015
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 comes to news stories highlighting privacy-related goofs or failures. In K-12 institutions, where privacy infrastructure is often lacking or even non-existent, privacy concerns are especially acute. There is little doubt that Internet and online technologies used inside and outside of classrooms have changed how our children learn. There is a federal privacy law – The Family Educational Rights and Privacy Act – that …
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Much has been said in the past couple weeks about the decision by Seventh Circuit Court of Appeals in the case of Remijas v. Neiman Marcus. Some have suggested that the ruling makes it easier to sue over data breaches, or that the court’s opinion signals a “new tilt towards victims” and class-action lawsuits in the wake of a data breach. But we’re not sold that Neiman is any sort of a great shift in the 10-year long and, thus far, mostly fruitless effort by plaintiffs’ lawyers to turn data breaches into the next asbestos.