Tag:Digital Age Privacy
Slack, Teams, and WhatsApp: The Expanding Scope of Business Records in Digital Communication
The definition of a “business record” has evolved significantly in response to the proliferation of digital communication platforms. Historically, organizations focused on formal documentation, such as emails, signed contracts, and official reports, as the primary sources of recordkeeping. However, the widespread adoption of real-time messaging tools such as Slack, Microsoft Teams, and WhatsApp has fundamentally altered how business decisions are communicated and documented. Messages that include approvals, negotiations, instructions, or the exchange of sensitive information may all qualify as business records. Consequently, organizations must broaden their conceptualization of recordkeeping to include informal and semi-formal communication channels alike, as technology and record keeping mechanisms are quickly expanding.
Bringing FERPA Up to Grade
The Family Educational Rights and Privacy Act (FERPA) was enacted in 1974 to protect the privacy of student education records. While FERPA provides essential privacy safeguards, it also includes provisions that allow certain student information to be shared with third parties, particularly under the guise of “directory information.” With the increasing concerns surrounding personal data in the digital age, many argue that FERPA’s exceptions undermine its original intent. In an era where other U.S. privacy laws are tightening restrictions on the sharing of personal information, FERPA’s provisions are lagging, leaving students vulnerable to privacy breaches that would be impermissible in other contexts.