Student privacy

[Brattt8525]

Anyone have any idea on what is a violation of student privacy? IE posting your personal business for the world to read?

[HarmNone]

Depending on the information divulged, who divulged it, where, why, and whether or not the permission of the student (or the student's family, in the case of a minor) was given, I'd think it could be problematic. Probably, the best thing to do is to discuss it with an attorney.

[Tsa`ah]

A local school is struggling with the issue.

A few pissed off students started up a BBS and have done nothing but rip on other students and post pictures.

Here is what it amounts to. There is no such thing as "student" privacy in a public school ... outside of the locker rooms and bathrooms that is. The school has blocked access to the BBS, but they can't do anything about it.

Student privacy pertains more or less to a notion that students in a public school are entitled to it (privacy). The only privacy a public school student has is confidence in records ... that's it.

Now if you're talking about a bio placed on the internet by the school, you have the right to have it removed. Publications on students require the same permissions as any other publication.

[Allycat]

Originally posted by Tsa`ah
A local school is struggling with the issue.

A few pissed off students started up a BBS and have done nothing but rip on other students and post pictures.

Here is what it amounts to. There is no such thing as "student" privacy in a public school ... outside of the locker rooms and bathrooms that is. The school has blocked access to the BBS, but they can't do anything about it.

Student privacy pertains more or less to a notion that students in a public school are entitled to it (privacy). The only privacy a public school student has is confidence in records ... that's it.

Now if you're talking about a bio placed on the internet by the school, you have the right to have it removed. Publications on students require the same permissions as any other publication.


I have to sign a permission letter at the beginning of the school year, to allow my child to be photographed and it be publicized. That would account for some privacy.


-Ally

[Mistomeer]

That is for witness protection types of cases .
Also, certian students fall under HIPAA guidlines, for example.

As far as BBS is concerned, most hosting companies, even the free ones, have policies that disallow websites being created simply to defame someone, but getting them to enforce said policies is another story entirely.

[Skeeter]

Except nobody enforces HIPAA

[HarmNone]

Ummm....don't kid yourself, Skeeter. At least, in my experience, HIPAA is becoming a very strong focus in hospitals. It is mandated that HIPAA regulations be followed to the letter in all hospitals in my area. They are adamant about it, and very vigilant to see that patient confidentiality is maintained.

[Skeeter]

Oh I agree that it's the hip thing to do.

The problem is nobody has decided who's jurisdiction it falls under to enforce said guidelines. Therefore at this time. Hipaa is merely a nice idea.

[Tsa`ah]

Originally posted by Allycat
I have to sign a permission letter at the beginning of the school year, to allow my child to be photographed and it be publicized. That would account for some privacy.


-Ally

As was pointed out.


Originally posted by Tsa`ah
Publications on students require the same permissions as any other publication.

[SpunGirl]

Uh... what kind of privacy are you talking about, Brattt? Can we get some more details? I know teachers aren't supposed to post say, a list of the kids' semester grades or anything for other students/parents to read.

-K

[Tsa`ah]

What it boils down to is simply this. Public institutions of education are not enforcers of legal action. They are required to ask for permission where relevant just like everyone else.

If the school is doing the publishing ... the problem is with the school. If an entity outside of the school is doing the publishing ... it's a civil matter and the school can only govern the distribution of the publication within it's legal boundaries.

[Brattt8525]

The reason I ask is because at my school there was an issue where I was suspended off of time clock until the director talked to me. A note was put on the time clock for all to see that Tara <insert last name> is currently suspended from the school until she talks to the director.

[HarmNone]

Umm, nope. At least, where I work, that would not be allowed. I don't know how much this differs from state to state, but I'd think that would constitute a breach of privacy.

[Skeeter]

sorry no breach.
It's a shitty thing to do, but does not break any of our local privacy laws.

YMMV

[TheRoseLady]

Originally posted by Skeeter
Except nobody enforces HIPAA


Are you saying that you aren't aware of any cases that involved a HIPAA violation and hence you don't know if there have been any test cases for enforcement?

I can tell you that I deal with HIPAA on a daily basis, and we enforce the principles.

Just ask all those irate bitches who demand to know services for their spouses or over children over 18 years of age and then wish to argue with you when you tell them to send the POA or have them call to grant permission. :flames:

[HarmNone]

Originally posted by Skeeter
sorry no breach.
It's a shitty thing to do, but does not break any of our local privacy laws.

YMMV

Brattt lives in Texas. Unless you also live in Texas, your local privacy laws would not apply in this case.

[Bobmuhthol]

<<Brattt lives in Texas. Unless you also live in Texas, your local privacy laws would not apply in this case.>>

I almost hate to say it, but how is what he said any different than what you said? You don't live in Texas either and are using local policy.

[HarmNone]

Actually, what I said was:

"Depending on the information divulged, who divulged it, where, why, and whether or not the permission of the student (or the student's family, in the case of a minor) was given, I'd think it could be problematic. Probably, the best thing to do is to discuss it with an attorney."

That's very different than boldly proclaiming something to be "no breach". The laws in Texas may be quite different than they are where I live, or where you live, or where Skeeter lives.

[Snapp]

Except nobody enforces HIPAA
BZZT! Wrong! HIPAA is most definitely enforced at my work place (a Pharmacy). It's a pain in the ass too. ;)

[Edited on 1-28-2005 by Snapp]

[HarmNone]

Heh. I think Skeeter is beginning to get the picture that HIPAA is, in fact, enforced. ;)

[Bobmuhthol]

No, what you said was, "Umm, nope. At least, where I work, that would not be allowed. I don't know how much this differs from state to state, but I'd think that would constitute a breach of privacy."

edit: you said the other thing, too, but this is what I'm specifically referring to

[Edited on 1-28-2005 by Bobmuhthol]

[HarmNone]

You're right, Bob. Here it would not be tolerated, but as I said, I don't know how much it differs from state to state. Rather than proclaim it to be "no breach", I said I thought it would constitute a breach of privacy. I still think it would, but whether or not my thinking is correct depends on Texas law. ;)

[Bobmuhthol]

:clap:

I'd also like to take this opportunity to announce that I like HarmNone about infinity times more than I did a few months ago.

[HarmNone]

:wtf: What did I do? I'm the same person now that I was then, I'm just a few months meaner! :D

[SpunGirl]

Originally posted by Brattt8525
The reason I ask is because at my school there was an issue where I was suspended off of time clock until the director talked to me. A note was put on the time clock for all to see that Tara <insert last name> is currently suspended from the school until she talks to the director.

Seems to me there would have to be a pretty extreme situation for this to have happened, like someone tried to reach you in another fashion and they couldn't. Of course, I don't know what kind of school you attend, but kids I knew in college who got suspended knew it was coming well ahead of time.

-K

[Brattt8525]

I came into school and the only way I knew I was suspended was by having 4 people come up to me and say "hey your suspended what did you do?" I was like excuse me???????? They proceeded to tell me there was a notice on the time clock that stated such.

[Back]

So why were you suspended, naughty girl?

[Brattt8525]

Originally posted by Backlash
So why were you suspended, naughty girl?

:saint:

[Back]

You were the one who brought it up. Tease!

C'mon. You aren’t going to tell a bunch of troglodytes why you accidentally were suspended? Chicken.

[Brattt8525]

C'mon. You aren’t going to tell a bunch of troglodytes why you accidentally were suspended? Chicken.
~~~~~~~~~~~~~~~~~~~~~~

Welllllll........it involves an unoffical time sheet............................

This very large type woman standing beside me on the left. Who coincidently threatened to kick my ass at a later date. Anyone have a rather large mean guard dog I can borrow?

[Snapp]

Brattt's been baaad!!! :wow:

I bet you could take her. Speed over size and all that.

[The Korean]

I hate HIPAA. We got drilled on it constantly over the past 2 months for our JCAHO inspection we had on monday. Was worth it though, passed that bastard with flying colors.

Was a bitch to track down all 3000+ patients we had to make sure they signed their HIPAA sticker on the back of their medical record.

[Warriorbird]

Sucked for me too. Had constant issues with the open enrollment and the patients HIPAA authorization for Medicare supplement insurance.

[Skeeter]

ok getting caught up.
After the no breach comment I did post at the bottom
YMMV
which stands for Your mileage may vary, a direct reference that what is true here may not be true there. Please read the entire post.

2nd

I also deal with Hipaa on a daily basis, and the only enforcers are the individual companies. There are plans for a whole series of fines and what not for hipaa violations, and hipaa experts who will come to your company and make sure you are doing everything right, usually these people are supplied from your local pharmacy. This system is not completely unlike ISO9000 certification for people familiar with that.

Are the Hipaa police coming to lock you up if your computer terminal doesn't point the right direction?

No. not at this time.

Have I done extensive research on this? no. I am just speaking from personal experience. If you all know of the gods of hipaa striking down with great force and vengeance please let me know. Maybe my attitude towards it will change.