Trenton Schreurs, Principal of Mclnnes Wilson Lawyers,
has extensive experience in insurance litigation and dispute resolution from both the Insurer and Plaintiff perspectives. He also has a profound interest in emergent technology including intellectual property and copyright online, privacy, media law, defamation and regulation of the internet. Trenton is often called upon to provide advice on the implementation of ‘best practice’ privacy, copyright and intellectual property safeguards for both companies and individuals.
You can hear more from Trenton at School Law Conference: Staff Headaches and Parent and Pupil Problems seminar, being held on Wednesday 06 September at Mercure Brisbane.
He joined Christopher Sanchez of Legalwise Seminars to discuss issues about school's privacy and data security
You can find the full Q&A below.
What are some of the key trends and developments in education law or privacy law having an impact right now?
A key trend / development is definitely the use of social media in schools, and the impact on the school / control of the school with respect to how far their privacy policies or control extends to the students, or to other employee’s social media feeds.
What’s one tip you can offer for schools dealing with privacy issues?
Always, always, have a policy that specifically deals with how the school collects, uses and discloses personal information.
What’s a mistake you see schools sometimes make related to data security?
Not having a clear and concise policy on how / what / why things are collected, stored, and how they are used. Also, not being aware of their bargaining power in dealing with data security contract formation.
Should a school have separate privacy and data security policies?
How often should a school review and update their privacy and data security policies?
Ideally, every 12 months.
What are some of the consequences of a data breach?
The consequences can be significant – data breaches of extreme significance can lead to the ire of the Privacy Commissioner (for non-governmental schools in Queensland). However, damage to school reputation often far outweighs any type of monetary penalty.
Are there any education law or privacy law issues coming in the future that you think schools should keep on their radar?
Try and keep abreast of the emerging trends in social media use. This is easier said than done however. At the very least – have a privacy plan in practice, and review that regularly.