St. Vincent-St. Mary High School: Legal Risks in Privacy Policy Exposed | Erayaha

## Uncovering Hidden Legal Risks in St. Vincent-St. Mary High School’s Privacy Policy

When we examined St. Vincent-St. Mary High School’s privacy policy, our analysis revealed several critical legal and logical gaps that could expose the institution to substantial regulatory fines and reputational damage. For example, under GDPR, non-compliance can result in penalties of up to €20 million or 4% of annual global turnover. Below, we highlight the most significant issues and provide actionable improvements to strengthen enforceability and compliance.

1. Ambiguous Consent Mechanisms The policy states that consent will be sought from the “appropriate person” depending on circumstances, but fails to define clear procedures for obtaining, recording, and withdrawing consent. This ambiguity can lead to non-compliance with GDPR and CCPA, risking regulatory action and costly litigation.

Legal Analysis

high Risk

Removed

Added

Where consent for the use and disclosure of PII is required by applicable law, St. Vincent-St. Mary High School will seekobtain explicit, informed consent from the appropriate person. Indata subject or, in the case of a student's personal informationminors, the school will seek the consent from thetheir parent(s)/ or legal guardian(s) depending upon the circumstances, using documented procedures that allow for withdrawal of the proposed use and disclosureconsent at any time.

Legal Explanation

The original clause is ambiguous and lacks clear procedures for obtaining, recording, and withdrawing consent, which are required under GDPR and CCPA. The revision provides specific, enforceable steps and aligns with regulatory requirements.

2. Incomplete Data Subject Rights Disclosure There is no mention of users’ rights to access, rectify, erase, or restrict processing of their personal data, as mandated by GDPR and similar laws. Failure to inform users of these rights can result in regulatory investigations and fines, as well as loss of trust from students and parents.

Legal Analysis

critical Risk

Removed

Added

[No clause present regardingIndividuals whose personal data subjectis collected have the right to access, rectify, erase, restrict processing, and object to the processing of their data, as well as the right to data portability, in accordance with applicable data protection laws. Requests to exercise these rights] may be submitted to the contact information provided in this policy.

Legal Explanation

The absence of this clause fails to inform users of their statutory rights, a core GDPR and CCPA requirement. Including it strengthens compliance and user trust.

3. Unclear Third-Party Data Sharing Practices The policy vaguely states that personal information will not be transferred to non-affiliated third parties "unless otherwise stated at the time of collection," without specifying the criteria or safeguards for such transfers. This lack of clarity can create loopholes for unauthorized disclosures, increasing the risk of data breaches and legal claims.

Legal Analysis

high Risk

Removed

Added

Any personal information submitted to us will not be transferred to any non-affiliated third parties unless otherwise statedexcept as specifically disclosed at the time of collection, and only with appropriate safeguards and legal basis, such as contractual clauses or user consent, in compliance with applicable data protection laws.

Legal Explanation

The original language is vague and does not specify safeguards or legal basis for third-party transfers, which are required under GDPR and similar laws. The revision closes loopholes and clarifies compliance obligations.

4. Overbroad Disclaimer of Security Liability While the policy mentions SSL encryption, it shifts all risk to users by stating that "individual users assume the risk of interacting with our school's website." This overbroad disclaimer could be deemed unenforceable and exposes the school to liability in the event of a data breach, especially if negligence is involved.

Legal Analysis

high Risk

Removed

Added

While we remain committed to protecting the privacy of our usersimplement industry-standard security measures, due to the nature of Internet communicationsincluding SSL encryption, individual users assumeSt. Vincent-St. Mary High School remains responsible for protecting personal information within its control and will notify affected individuals in accordance with applicable data breach notification laws in the riskevent of interacting with our school's websitea security incident.

Legal Explanation

The original disclaimer attempts to shift all risk to users, which is generally unenforceable and exposes the school to liability for negligence. The revision clarifies the school’s responsibilities and aligns with legal standards for data breach notification.

Conclusion: Proactive Legal Protection is Essential Our analysis demonstrates that addressing these issues is not just a matter of best practice, but a legal necessity. Failure to remediate these gaps could result in regulatory fines exceeding $100,000, reputational harm, and potential class-action lawsuits. Proactive contract review and redlining can safeguard your institution from preventable risks.

Are your privacy and security policies truly compliant with global regulations?
How would your organization respond to a regulatory audit or data breach?
What steps can you take today to ensure enforceability and minimize liability?

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.