The growth of Internet commerce and an increase in the collection of personally identifiable information has intensified the public’s focus on privacy and the demand for restrictions on the use of personal information. We help clients address complex privacy-related concerns, such as those arising out of e-commerce, advertising and employment activities, and in regulated areas such as health care, financial services and student records. Our lawyers have in-depth knowledge of traditional privacy and advertising laws, and cutting-edge involvement with privacy statutes and regulations impacting education institutions, including both the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA).
Compliance programs are especially important to educational institutions, which receive substantial funding from public sources. Universities need to establish compliance programs to show their boards, senior management, faculty and students, as well as the general public, that they are committed to following the rules and regulations that apply to them. It is the ultimate application of the “ounce of prevention” principle to assure legal and ethical compliance.
An overview of our experience includes:
- Advised a global technology company on FERPA compliance in connection with its development of an e-mail services platform for colleges and universities.
- Advised a company that provides outsourced student health clinic services on compliance with FERPA and HIPAA and the complicated intersection of the two laws.
- Advised educational institutions on matters of record retention and destruction requirements for sensitive student and employee data.