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WSKG Public Media

WSKG Public Media: Legal Risks in Privacy Terms & How to Strengthen Compliance

Our review of WSKG Public Media’s privacy terms reveals compliance gaps and ambiguities that could expose the organization to GDPR/CCPA fines and litigation. See key risks and solutions.

When Privacy Promises Fall Short: WSKG Public Media’s Legal Risk Exposure

Imagine a scenario where a nonprofit media organization faces regulatory scrutiny for unclear privacy practices. Our analysis of WSKG Public Media’s privacy policy reveals several critical vulnerabilities that could expose the organization to fines up to $20 million under GDPR, or 4% of annual revenue, and significant reputational harm. Here’s what every nonprofit and digital publisher should learn from this case.

1. Ambiguous Consent for Third-Party Sharing WSKG’s terms state that personal information may be shared with third-party vendors or affiliates for various purposes, but the scope of user consent is unclear. This ambiguity risks non-compliance with GDPR and CCPA, both of which require explicit, informed consent for data sharing beyond core service delivery. Failure to secure valid consent can result in regulatory penalties and costly class-action lawsuits.

Legal Analysis
high Risk
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WSKG may ask forwill only disclose your personally identifiable information (like your name, address, email address, phone number or credit card information) but we will never willfully disclose any of this information to a non-affiliated third party without first receiving your permission (unless required by law). This means, we may email you to join a new newsletter listparties or ask you to renewaffiliates with your membership when it expiresexplicit, and we may share your information with third party vendor service providers or WSKG affiliates such as PBS or NPR. In these circumstancesinformed consent, the information is providedobtained separately for the soleeach specific purpose of — and only to the extent necessary for — delivering the requested goods or services to the user, delivering communications from WSKG toexcept where disclosure is required by law. Consent will be documented and users who have ‘opted in’ to the receiptwill be informed of these communicationstheir rights under applicable data protection laws, providing services forincluding GDPR and on behalf of WSKG, or serving other internal WSKG purposesCCPA.

Legal Explanation

The original clause is ambiguous regarding the scope and method of obtaining user consent for third-party sharing. The revision clarifies that explicit, purpose-specific consent is required, aligning with GDPR/CCPA standards and reducing regulatory risk.

2. Insufficient Limitation on Vendor Data Use While WSKG requires vendors to maintain privacy, the policy does not expressly prohibit vendors from using data for their own analytics or marketing. This loophole could lead to unauthorized secondary use of donor or user data, risking breach of trust and regulatory action. Industry data breaches have resulted in settlements exceeding $1 million for similar oversights.

Legal Analysis
medium Risk
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These third Third-party vendors are required to maintain the privacy of all suchcontractually prohibited from using personally identifiable information in their possession or control and can only use the information on our behalf for theany purpose that we have contracted them, for example sending you a newsletter or a membership renewal letterother than those expressly authorized by WSKG in writing. They areVendors must not authorized to use your, retain, or disclose personal information for analytics, marketing, or any othersecondary purpose, and must comply with all applicable privacy regulations.

Legal Explanation

The original clause does not explicitly prohibit all forms of secondary use, such as analytics or marketing. The revision closes this loophole, ensuring vendors cannot exploit data for unauthorized purposes, and strengthens enforceability.

3. Vague Disclosure Triggers The policy allows disclosure of personal information if WSKG “believes” it is necessary to protect against misuse or unauthorized use of its services. This subjective standard is overly broad and could be challenged as unenforceable or in violation of due process requirements. Courts have invalidated similar clauses, leading to costly litigation and settlement expenses.

Legal Analysis
medium Risk
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WSKG also may disclose personal information ifonly when required to do so by law or if it believes that such action is necessary to (a) comply with the law or with, legal process, (b) protect against misuse or unauthorized use of WSKG’s servicesa binding order from a competent authority, or (c) protect the personal safety or property ofwhen there is a reasonable, documented belief that disclosure is necessary to prevent imminent harm to users of WSKG’s websites, the public, or WSKG and its employees. All such disclosures will be logged and reviewed for compliance.

Legal Explanation

The original clause’s reliance on WSKG’s subjective belief creates enforceability and due process risks. The revision introduces objective standards and documentation, reducing legal ambiguity and exposure to challenge.

4. Incomplete Opt-Out Mechanism WSKG offers an opt-out for information collection and use, but fails to specify the process, timeline, or impact on user eligibility for services. This lack of clarity can result in user complaints, regulatory investigations, and operational disruptions. Under CCPA, failure to honor opt-out requests promptly can trigger statutory damages of $100–$750 per incident.

Legal Analysis
high Risk
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If you do not want this information collectedUsers may exercise their right to opt out of the collection and useduse of their personal information by us for the disclosed purposes, contactcontacting WSKG at WSKGcomment@wskg.org. Please recognize that if you select to “WSKG will process opt-out,” you may not requests within 30 days and provide written confirmation. Users will be eligible for certaininformed of any specific services or activities for which the personally identifiable information is neededthat may be unavailable as a result of opting out, in compliance with CCPA and other applicable laws.

Legal Explanation

The original clause lacks a defined process, timeline, and clear notice regarding the impact of opting out. The revision provides a transparent, legally compliant opt-out mechanism, reducing regulatory and operational risk.

Conclusion: Proactive Legal Safeguards Are Essential Our examination shows that even well-intentioned privacy policies can contain costly gaps. For WSKG Public Media, addressing these issues is not just about compliance—it’s about protecting donor trust and organizational sustainability. Proactive legal review and precise contract language are essential to avoid regulatory fines, litigation, and reputational loss.

  • How confident are you that your privacy terms would withstand regulatory scrutiny?
  • What would a $1 million data breach settlement mean for your organization?
  • Are your vendor agreements airtight against unauthorized data use?

**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.**