Legal Risks in SUNY Potsdam's Privacy Policy: Critical Gaps and Compliance Solutions | Erayaha

## SUNY Potsdam's Privacy Policy: Uncovering Legal Risks and Compliance Gaps

Imagine a scenario where a single ambiguous privacy clause exposes SUNY Potsdam to regulatory fines exceeding $1 million under GDPR or CCPA. Our analysis of SUNY Potsdam’s privacy policy reveals several critical legal and logical risks that could result in substantial financial and reputational damage if left unaddressed.

Ambiguous Consent for Data Collection and Disclosure The policy states that voluntary disclosure of personal information constitutes consent for collection and disclosure. However, it lacks specificity on the scope and limitations of such consent, risking non-compliance with GDPR and CCPA, which require explicit, informed, and granular consent for each processing purpose. This ambiguity could lead to regulatory penalties and costly litigation.

Legal Analysis

high Risk

Removed

Added

Your voluntary disclosure of personal information to SUNY Potsdam constitutes consent to the collection and disclosure of the information by SUNY Potsdamonly for the specific, clearly stated purposes for which you disclosed the information towas provided. SUNY Potsdam will obtain explicit, informed consent for any additional processing or disclosure, in compliance with applicable privacy laws such as GDPR and CCPA.

Legal Explanation

The original clause is overly broad and does not specify the scope or limitations of consent, risking non-compliance with privacy regulations that require explicit, purpose-specific consent.

Insufficient Data Retention and Deletion Provisions While the policy references compliance with New York State Arts & Cultural Affairs Law for data retention, it fails to specify clear timelines for data deletion or user rights to erasure. This omission creates a compliance gap with GDPR Article 17 (Right to Erasure), exposing the institution to fines up to €20 million or 4% of annual global turnover.

Legal Analysis

high Risk

Removed

Added

The information collected through an official SUNY Potsdam website is retainedretains personal information only for as long as necessary to fulfill the purposes for which it was collected, or as required by SUNY Potsdamlaw. Users have the right to request deletion of their personal data, subject to legal obligations, in accordance with the records retentionGDPR Article 17 and disposition requirements of the New York State Arts & Cultural Affairs Lawsimilar regulations.

Legal Explanation

The original clause lacks clear data retention timelines and fails to address users’ rights to erasure, creating a compliance gap with GDPR and other privacy laws.

Vague Security Safeguards and Breach Notification The policy mentions general security measures but does not detail breach notification procedures or timelines. Under NY SHIELD Act and GDPR Article 33, failure to notify affected individuals and authorities within required timeframes can result in significant penalties and reputational harm.

Legal Analysis

high Risk

Removed

Added

In addition, SUNY Potsdam has implemented security procedures to safeguard the integrity of its information technology assets, including, but not limited to, authentication, authorization, monitoring, auditing, and encryption. These security procedures have been integrated intoIn the designevent of a data breach affecting personal information, implementationSUNY Potsdam will notify affected individuals and relevant authorities without undue delay, and day-to-day operationsno later than 72 hours after becoming aware of official SUNY Potsdam websites as part of our continuing commitment to the security of electronic contentbreach, in accordance with applicable laws such as well as the electronic transmission of informationNY SHIELD Act and GDPR Article 33.

Legal Explanation

The original clause does not address breach notification requirements, which are mandated by law and critical for minimizing liability and maintaining user trust.

Unclear Parental Consent and Children’s Data Protections Although the policy asserts that SUNY Potsdam does not knowingly collect data from children under 14, it treats all email submissions as adult data and lacks mechanisms for verifying age or obtaining parental consent. This exposes SUNY Potsdam to violations under COPPA, which can result in fines of up to $43,792 per violation.

Legal Analysis

high Risk

Removed

Added

SUNY Potsdam does not knowingly collect personal information from children under the age of 14 or create profiles of children under the age of 14. Users are cautioned, however, thatSUNY Potsdam will implement reasonable measures to verify the collectionage of users and obtain verifiable parental consent before collecting personal information submitted in an email will be treated as though it were submitted by an adult, and may, unless exempted from access by federal or State lawchildren under 13, be subject to public accessin compliance with COPPA and similar regulations.

Legal Explanation

The original clause lacks mechanisms for age verification or parental consent, exposing the institution to liability under COPPA and similar laws.

Conclusion: Strengthening SUNY Potsdam’s Legal Framework Our examination shows that addressing these four key issues is essential to avoid regulatory fines, litigation costs, and reputational damage. Proactive updates to the privacy policy will not only ensure compliance but also build trust with users and stakeholders.

How robust is your organization’s approach to consent and data subject rights?
Are your data retention and breach notification practices defensible under current laws?
What steps can you take today to proactively close compliance gaps?

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.