Mercy College of Health Sciences: Legal Risks and Redline Solutions in Digital Privacy Terms | Erayaha

## Mercy College of Health Sciences: Uncovering Legal Risks in Digital Privacy Terms

Imagine a scenario where a single ambiguous clause in a privacy policy leads to a €20 million GDPR fine or a costly class-action lawsuit. Our analysis of Mercy College of Health Sciences’ Digital Privacy Statement reveals several critical legal and logical gaps that could expose the institution to significant regulatory and financial risks.

1. Ambiguous Consent for Data Collection and Use Mercy College’s terms state that by using the website, users consent to all described data practices. However, this blanket consent approach does not meet the explicit, informed consent standards required by GDPR and CCPA. The clause is overly broad and could result in regulatory penalties or user litigation, especially if sensitive or biometric data is processed without clear, granular consent.

Legal Analysis

high Risk

Removed

Added

To the extent permitted by applicable law, byBy using the Mercy College website, or interacting with a Mercy College advertisement or page or account on a third-party website you provide explicit, informed consent to the specific data practices described in this Statement, in accordance with applicable privacy laws including GDPR and CCPA. Where required, separate consent will be obtained for processing sensitive or biometric data.

Legal Explanation

The original clause relies on implied consent, which is insufficient under GDPR and CCPA for most data processing activities, especially for sensitive or biometric data. The revision ensures explicit, informed, and granular consent, reducing regulatory risk.

2. Insufficient Disclosure of Third-Party Data Sharing While the terms mention sharing data with “trusted partners,” they lack specificity about who these partners are, what data is shared, and for what purposes. Under GDPR (Art. 13/14) and CCPA, organizations must provide clear, detailed disclosures about third-party data recipients. Failure to do so can result in fines up to 4% of annual global turnover or $7,500 per violation under CCPA.

Legal Analysis

high Risk

Removed

Added

Mercy College may share your personal data with trusted partners to help us performspecifically identified third-party service providers for the purposes of statistical analysis, send you email or postal mailcommunications, provide customer support, or arrange for deliveries. AllA current list of such providers and the categories of data shared is available upon request. All third parties are prohibited from using your personal information exceptcontractually obligated to provide these services to Mercy College,use your data solely for the stated purposes and they are required to maintain thestrict confidentiality of your information.

Legal Explanation

The original clause is vague about the identity of third parties and the nature of shared data. The revision introduces transparency and aligns with GDPR/CCPA requirements for third-party disclosures.

3. Incomplete User Rights and Opt-Out Mechanisms The policy allows users to opt out of marketing communications but does not address broader rights such as access, correction, deletion, or objection to processing, as mandated by GDPR and CCPA. This omission could lead to regulatory investigations and damages claims, especially if users are unaware of or unable to exercise their rights.

Legal Analysis

high Risk

Removed

Added

Individuals may opt-out of marketing communications that are unrelatedhave the right to your admissionaccess, orientationcorrect, enrollmentdelete, course administration, or emergency communicationrestrict processing of their personal data, and to object to certain types of processing, including marketing communications, at any time, through. Requests can be made via the supplied opt-out mechanismcontact information provided in this Statement and will be addressed within statutory timeframes.

Legal Explanation

The original clause only addresses marketing opt-outs, omitting broader user rights required by GDPR and CCPA. The revision provides a comprehensive statement of user rights and compliance with statutory response times.

4. Unclear Data Retention and Deletion Practices There is no mention of how long personal data is retained or the criteria for deletion. Both GDPR (Art. 5) and CCPA require organizations to specify retention periods and deletion protocols. Lack of clarity here increases the risk of non-compliance and potential data breach liability, which can cost organizations millions in remediation and fines.

Legal Analysis

high Risk

Removed

Added

There is no mention ofPersonal data retentionwill be retained only as long as necessary to fulfill the purposes outlined in this Statement or as required by law. Data subjects may request deletion practices in the statementof their data, and Mercy College will comply unless retention is legally required.

Legal Explanation

The absence of a data retention and deletion policy is a compliance gap under GDPR (Art. 5) and CCPA. The revision introduces clear retention limits and user-triggered deletion rights.

Conclusion: Proactive Legal Protection is Essential Our examination shows that Mercy College’s Digital Privacy Statement contains several high-impact legal risks that could result in substantial financial penalties, reputational harm, and regulatory scrutiny. Proactively addressing these issues with precise, compliant language is essential for risk mitigation.

Are your digital privacy terms exposing your organization to hidden liabilities?
How would your business withstand a major regulatory investigation or class-action lawsuit?
What steps can you take today to ensure airtight legal compliance?

This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.