What You Need to Know about Privacy Law

Preface
Acknowledgments
PART I: STATE OF THE LAW
Chapter 1: The Concept and Origins of Privacy Protection in the United States
Why Do We Care?
History of Privacy as a Legal Right
Modern Articulation of Privacy Concepts
Personally Identifiable Information
When "Anonymous" Doesn't Mean Anonymous
Fair Information Practices
Choice
The International Front
Bibliography
Chapter 2: Statutory Law Most Pertinent to the Educational Context
Federal Statutes
Family Educational Rights and Privacy Act (FERPA): Protecting Student Records
The Protection of Pupil Rights Amendment (PPRA): Gathering Student Information in Surveys
No Child Left Behind Act (NCLB): Undermining FERPA
Children's Online Privacy Protection Act (COPPA): An Attempt to Protect Children Online
COPPA and Educational Institutions
COPPA's Requirements
Electronic Communications Privacy Act (ECPA): A Few Pieces of the Electronic Privacy Protection Puzzle
USA PATRIOT Act: Has Big Brother Arrived?
National Security Letters
Foreign Intelligence Surveillance Act Court Warrants
Amendments Allow Recipients to Object
State Statutes
Cyberbullying, Cyberstalking, and Cyberharassment
Library Records
The Privacy Torts
The Right of Publicity
Mandatory Reporting of Child Abuse
Privacy in Employment Law
Case Law and Other Areas
Bibliography
Chapter 3: Constitutional Law
Fourth Amendment: Reasonable Search and Seizure
First Amendment: Intertwined with Right of Privacy
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969): The Supreme Court Affirms Student Right of Free Speech
Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986): The Constitutional Rights of Students Are Not Automatically Equivalent to Those of Adults
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988): Schools May Censor Content of School-Sponsored Activities
Morse v. Frederick, 551 U.S. 393 (2007): Schools May Restrict Speech Reasonably Regarded as Encouraging Illegal Drug Use
The Intersection of First Amendment Rights and Privacy
Bibliography
Chapter 4: Liability under the Law
Tort
Who May Be Held Liable
Remedies
Violation of Constitutional Right
Who May Be Held Liable
Immunity
Remedies
Bibliography
PART II: APPLICATIONS IN THE EDUCATIONAL SETTING
Chapter 5: Student Privacy in the Brick-and-Mortar World
Reasonable Searches in the Educational Context
Students Have a Reasonable Expectation of Privacy
The Standard
"Individualized" versus "Generalized" Searches
Applying the Standard
Searching Student Possessions
Student Expectation of Privacy in Belongings Stored on School Property
Searches of Student Dormitory Rooms
Searches of Students' Persons
Strip Searches
Physical Examinations and Testing
Searches of Groups of Students and Screening Searches
Generally
Surveillance and Recordings of Students
Drug Dogs
Drug Testing of Students Involved in Extracurricular Activities
"Seizures": Detaining Students for Questioning and Other Reasons
Involving Law Enforcement in School Searches and Seizures
Emergencies May Allow Disclosing Student Information
Bibliography
Chapter 6: Student Privacy Online
The Intersection of First and Fourth
Email, Social Media, and Cell Phones: Students Have a Reasonable Expectation of Privacy
The "Special Nature" of Cell Phones and Other Personal Electronic Devices
Off-Campus Activities
Integrating Social Media and Other Interactive Technology into the Curriculum
Collecting Student Data and Works
Bibliography
Chapter 7: Faculty and Staff Rights to Privacy
The Fourth Amendment and an Employer's Right to Search Employees' Things
Surveillance of the Workplace
Telephone Conversations
Recordings of Surveillance: Audio, No; Silent Video, Maybe
Physical and Psychological Testing
Drug Testing
Employee Rights in the Electronic World
Employee's Right to Privacy outside of the Work Environment
Bibliography
PART III: MOVING FORWARD
Chapter 8: Privacy Policies
Steps in Writing a Privacy Policy
Consider Who to Include in the Process
Identify the Areas to Be Addressed by the Policy; Specify Conditions
Review Current Policies and Consider Current and Past Practices
Content
Final Reviews
What to Do with Your Privacy Policy
General Tips for Writing a Privacy Policy
Bibliography
Chapter 9: Privacy in a Digital Future: Protecting Our Institutions and Our Students
Emerging Technologies and the State of Privacy Law
What Is a Reasonable Expectation of Privacy in the World of Evolving Technology?
What Standard Should Determine the Reasonableness of Fourth Amendment Searches and Seizures in a Digital World?
Emerging Technologies in the Education Context
The Cloud
Social Media
Location Tracking Technology
The Crystal Ball of Privacy Rights
Bibliography
Chapter 10: Quick and Dirty Answers
Glossary
Resources for Further Research
Index