Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan...

13
Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan Research Professor of Law George Washington University Law School & Founder, TeachPrivacy, http://teachprivacy.com Tracy Mitrano IT Policy Director Cornell University

TAGS:

Transcript of Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan...

Page 1: Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan Research Professor of Law George Washington University Law.

Privacy and Security Risks in Higher Education

Professor Daniel J. SoloveJohn Marshall Harlan Research Professor of Law

George Washington University Law School&

Founder, TeachPrivacy, http://teachprivacy.com

Tracy MitranoIT Policy DirectorCornell University

http://teachprivacy.com/
Page 2: Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan Research Professor of Law George Washington University Law.

Privacy Beyond FERPA

Page 3: Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan Research Professor of Law George Washington University Law.

 

FERPA

Computer Fraud and Abuse Act

Communications Decency Act

Gramm-Leach-Bliley Act

No Child Left Behind

Act

Title IX

Clery Act

Electronic Communications

Privacy Act

HIPAA Privacy Rule

FEDERAL PRIVACY LAWS RELEVANT TO SCHOOLSFEDERAL PRIVACY LAWS RELEVANT TO SCHOOLS

Page 4: Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan Research Professor of Law George Washington University Law.

 

Fragmented Protections

Undetected Problems

Lack of Coordination

Lack of Oversight

Lack of Training

Lack of Student Education and Awareness

Privacy Problems in Higher Education

Page 5: Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan Research Professor of Law George Washington University Law.

INVASIONSIntrusion

Decisional Interference

INFORMATIONCOLLECTION

SurveillanceInterrogation

INFORMATIONDISSEMINATION

Breach of ConfidentialityDisclosureExposure

Increased AccessibilityBlackmail

AppropriationDistortion

DATA SUBJECT

DATA HOLDERS

INFORMATION PROCESSING

AggregationIdentification

InsecuritySecondary Use

Exclusion

WHAT IS PRIVACY?

Page 6: Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan Research Professor of Law George Washington University Law.

WHY DOES PRIVACY MATTER?

Legal Compliance Reputation Financial Cost of Incidents Student Well-Being Employee Well-Being Donor and Alumni Well-Being Time and Resources Soured Relationships

Page 7: Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan Research Professor of Law George Washington University Law.

PRIVACY ISSUES IN HIGHER EDUCATION

Data Security safeguards on data, incident response plan

Information Management confidentiality agreements, outsourcing

Websites privacy policies, online data collection

Speech social media use, cyberbullying, harassment, gossip websites

Searches and Surveillance computer network monitoring, surveillance cameras

Student Data FERPA, confidentiality of student records, sharing of data about students in distress

Employee Data notice, access, rights regarding data, confidentiality

Others’ Data data regarding alumni, donors, customers, vendors, and others

Privacy Program policies, privacy point person, oversight, training, privacy risk assessments

Page 8: Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan Research Professor of Law George Washington University Law.

Privacy and Data Security

Page 9: Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan Research Professor of Law George Washington University Law.

Privacy and Data Security

Privacy

Improper disclosure of data

Curiosity

Lack of awareness of privacy risks or importance of privacy

Lack of administrative controls about data

Misunderstanding about rules regarding when and with whom data may be shared

Data Security

Inadequate technical controls

Failure to keep anti-virus protection updated

Failure to provide encryption

Page 10: Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan Research Professor of Law George Washington University Law.

The Human Element

Carelessness

Lack of awareness

Blunders

Lack of oversight

Inadequate policies

Misunderstanding of policies

Lack of awareness of policies

Failure to understand the technology or the risks

Page 11: Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan Research Professor of Law George Washington University Law.

Privacy and Data Security:Passwords

Privacy and the Human Element

Reuse of passwords from other accounts

Writing passwords on Post It notes near one’s computer

Keeping passwords in one’s wallet

Storing passwords in one’s browser

Copying data to unauthorized portable devices or unprotected servers

Failing to password-protect one’s smart phone

Data Security and Technology

Technical controls requiring all users to select passwords of the appropriate length and complexity

Page 12: Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan Research Professor of Law George Washington University Law.

 

Privacy and Data Security Awareness

most privacy and data security incidents are caused by careless or ill-informed conduct that is readily preventable

need basic awareness about importance of privacy, how to recognize risks and how to prevent them

Training and Education

FERPA

all employees who handle student data need basic awareness of FERPA

Online Social Media

students need guidance about how to use online social media responsibly

faculty, administrators, and staff need guidance about how to use social media responsibly and how to handle issues arising on campus involving the clash between harmful speech and free expression

Privacy in the Digital Age

all members of an institution’s community should have a basic understanding about privacy – which is of central importance to one’s reputation, financial well-being, and ability to function in contemporary society

Page 13: Privacy and Security Risks in Higher Education Professor Daniel J. Solove John Marshall Harlan Research Professor of Law George Washington University Law.

Privacy and Security Risks in Higher Education

Professor Daniel J. SoloveJohn Marshall Harlan Research Professor of Law

George Washington University Law School&

Founder, TeachPrivacy, http://teachprivacy.com

Tracy MitranoIT Policy DirectorCornell University

http://teachprivacy.com/

Protected Persons Matthew J. Festa Professor of Law, South Texas College of Law Associate Professor, International & Operational Law, U.S. Army Judge Advocate.

Protected Persons Matthew J. Festa Professor of Law, South Texas College of Law Associate Professor, International & Operational Law, U.S. Army Judge Advocate.

Ea bad a C2857 ,1 H,6725,& Capitals of Europe - Penn State Law · and Comparative Law, Professor GEOFFREy HAZARD Professor, University of Pennsylvania Law School, Professor, UC Hastings

Ea bad a C2857 ,1 H,6725,& Capitals of Europe - Penn State Law · and Comparative Law, Professor GEOFFREy HAZARD Professor, University of Pennsylvania Law School, Professor, UC Hastings

COMPARATIVE LAW - Professor Antonio Gidi

COMPARATIVE LAW - Professor Antonio Gidi

An interdisciPLinArY conference PRIVACY...Daniel J. Solove is a professor of law at the George Washington University Law School. An An internationally known expert in privacy law,

An interdisciPLinArY conference PRIVACY...Daniel J. Solove is a professor of law at the George Washington University Law School. An An internationally known expert in privacy law,

Criminal Law Professor D. Crump

Criminal Law Professor D. Crump

Constitutional Law Spring 2008 Professor Fischer

Constitutional Law Spring 2008 Professor Fischer

Written Testimony of Dalié Jiménez Professor of Law ...€¦ · 26/09/2019  · Professor of Law Written Testimony of Dalié Jiménez Professor of Law University of California,

Written Testimony of Dalié Jiménez Professor of Law ...€¦ · 26/09/2019  · Professor of Law Written Testimony of Dalié Jiménez Professor of Law University of California,

Testimony of William W. Buzbee Professor of Law Georgetown University Law … · 2018. 7. 26. · 1 Testimony of William W. Buzbee Professor of Law Georgetown University Law Center

Testimony of William W. Buzbee Professor of Law Georgetown University Law … · 2018. 7. 26. · 1 Testimony of William W. Buzbee Professor of Law Georgetown University Law Center

Maria Kaiafa-Gbandi, Professor, Law Faculty, …...Maria Kaiafa-Gbandi, Professor, Law Faculty, Aristotle University Thessaloniki Department of Criminal Law & Criminology Address:

Maria Kaiafa-Gbandi, Professor, Law Faculty, …...Maria Kaiafa-Gbandi, Professor, Law Faculty, Aristotle University Thessaloniki Department of Criminal Law & Criminology Address:

Driving Directions - The James Cancer Hospital · 2019-06-21 · 270 71 71 670 270 The James Cancer Hospital and Solove Research Institute The James Cancer Hospital and Solove Research

Driving Directions - The James Cancer Hospital · 2019-06-21 · 270 71 71 670 270 The James Cancer Hospital and Solove Research Institute The James Cancer Hospital and Solove Research

Carolyn McAllaster Clinical Professor of Law

Carolyn McAllaster Clinical Professor of Law

Colleen V. Chien Associate Professor of Law Brian J. Love ...love_12feb2016.pdfColleen V. Chien Associate Professor of Law Brian J. Love Assistant Professor of Law Co-Director, High

Colleen V. Chien Associate Professor of Law Brian J. Love ...love_12feb2016.pdfColleen V. Chien Associate Professor of Law Brian J. Love Assistant Professor of Law Co-Director, High

Sentencing Law and Policy - Welcome to Law Professor Blogs

Sentencing Law and Policy - Welcome to Law Professor Blogs

Track Law and Economics: Corporate Governance after the ......Wilco Oostwouder Professor Public Economic law Luigi Pinna Assistant Professor Public Law & Economics Corporate Governance

Track Law and Economics: Corporate Governance after the ......Wilco Oostwouder Professor Public Economic law Luigi Pinna Assistant Professor Public Law & Economics Corporate Governance

Professor W. Michael Reisman, Ph.D. Myres S. … S. McDougal Professor of Law, Yale Law School W. Michael Reisman is Myres S. McDougal Professor of Law at the Yale Law School where

Professor W. Michael Reisman, Ph.D. Myres S. … S. McDougal Professor of Law, Yale Law School W. Michael Reisman is Myres S. McDougal Professor of Law at the Yale Law School where

Common Law Supervisor: Professor Elizabeth SheehyMichelle Psutka, Faculty of Law – Common Law Supervisor: Professor Elizabeth Sheehy References, acknowledgments, and contact info

Common Law Supervisor: Professor Elizabeth SheehyMichelle Psutka, Faculty of Law – Common Law Supervisor: Professor Elizabeth Sheehy References, acknowledgments, and contact info

Business Law II Professor Pamela Gershuny

Business Law II Professor Pamela Gershuny

THE FTC AND THE NEW COMMON LAW OF PRIVACY FTC AND THE NEW COMMON LAW OF PRIVACY Daniel J. Solove ... fairness”); Ryan Moshell, . . . And Then There Was One: The Outlook for a Self-

THE FTC AND THE NEW COMMON LAW OF PRIVACY FTC AND THE NEW COMMON LAW OF PRIVACY Daniel J. Solove ... fairness”); Ryan Moshell, . . . And Then There Was One: The Outlook for a Self-

THE FTC AND THE NEW COMMON LAW OF PRIVACYcyberlaw.stanford.edu/files/publication/files/SSRN-id2312913.pdf · 583 THE FTC AND THE NEW COMMON LAW OF PRIVACY Daniel J. Solove∗ & Woodrow

THE FTC AND THE NEW COMMON LAW OF PRIVACYcyberlaw.stanford.edu/files/publication/files/SSRN-id2312913.pdf · 583 THE FTC AND THE NEW COMMON LAW OF PRIVACY Daniel J. Solove∗ & Woodrow

The FTC and the New Common Law of Privacy...THE FTC AND THE NEW COMMON LAW OF PRIVACY DANIEL J. SOLOVE John Marshall Harlan Research Professor of Law George Washington University Law

The FTC and the New Common Law of Privacy...THE FTC AND THE NEW COMMON LAW OF PRIVACY DANIEL J. SOLOVE John Marshall Harlan Research Professor of Law George Washington University Law