The Gow School’s Privacy Policy: Legal Risks and Redline Solutions for Enforceability | Erayaha

When We Examined The Gow School’s Privacy Policy: What Our Legal Analysis Reveals

Imagine a scenario where a single ambiguous clause in your privacy policy could expose your school to GDPR fines of up to €20 million or 4% of annual revenue, or trigger costly litigation under U.S. privacy laws. Our analysis of The Gow School’s privacy framework reveals several high-impact legal and logical risks that could result in substantial financial and reputational losses if left unaddressed. Below, we break down the four most critical issues and provide actionable redline improvements to fortify enforceability and compliance.

1. Ambiguous Consent for Student Data Use The policy states that consent will be sought from the student and/or parent "depending on the circumstances and the student’s mental ability and maturity." This language is vague and fails to establish clear, objective criteria for consent, creating a risk of non-compliance with COPPA, FERPA, and GDPR’s explicit consent requirements for minors. This ambiguity could result in regulatory penalties and parental lawsuits, with settlements often exceeding $100,000 per incident in the education sector.

Legal Analysis

high Risk

Removed

Added

In the case of a student’s personal information, the school will seek theobtain verifiable parental consent fromfor all students under the student and/ or parent depending onage of 18, except where the circumstances and the student’s mental ability and maturity to understand the consequences is legally recognized as capable of the proposed useproviding informed consent under applicable law. The criteria for determining capacity will be documented and disclosureapplied consistently, in compliance with COPPA, FERPA, and GDPR requirements.

Legal Explanation

The original clause is vague and does not establish clear, legally enforceable standards for obtaining consent from minors. The revision clarifies the consent process, aligns with regulatory requirements, and reduces the risk of non-compliance and legal disputes.

2. Incomplete Data Transfer Disclosure The clause "Personal information submitted will not be transferred to any non-affiliated third parties unless otherwise stated at the time of collection" lacks specificity about cross-border data transfers and fails to address compliance with GDPR’s restrictions on international data flows. Without clear disclosure and safeguards, the school risks regulatory action and potential fines up to €10 million under GDPR Article 44.

Legal Analysis

high Risk

Removed

Added

Personal information submitted will not be transferred to any non-affiliated third parties, including those located outside the United States, unless otherwise statedexplicit notice is provided at the time of collection and appropriate safeguards are implemented in accordance with GDPR Article 44 and other applicable data transfer regulations.

Legal Explanation

The original clause does not address cross-border data transfers or specify compliance with international data protection laws. The revision provides transparency and legal safeguards, reducing the risk of regulatory fines.

3. Insufficient Security Commitments While the policy claims to use "the highest level of SSL available," it does not specify ongoing security standards, breach notification obligations, or compliance with laws like the New York SHIELD Act or California Consumer Privacy Act (CCPA). Failure to provide these protections could expose the school to statutory damages of $100–$750 per affected individual in the event of a breach.

Legal Analysis

high Risk

Removed

Added

Whenever users submitAll personal information (such as contact info or credit card info)submitted via online forms, registration, or online purchase, upon submission that information is encrypted via the highest level of SSLin transit and at rest using industry-standard protocols (Secured Sockets Layere.g., TLS 1.2 or higher) available. Servers that store personally identifiable information areThe school will maintain ongoing security measures, conduct regular security audits, and promptly notify affected individuals and authorities of any data breach in a secure environmentcompliance with applicable laws, including the New York SHIELD Act and CCPA. Under no circumstances are credit card numbers permanently stored on our website servers.

Legal Explanation

The original clause lacks specificity regarding security standards, breach notification, and ongoing compliance. The revision strengthens enforceability and aligns with statutory requirements, reducing liability in the event of a breach.

4. Unclear Handling of Non-Secured Communications The statement regarding posts to forums and blogs being "viewable by other users" does not clarify the extent of public access or the risks of posting personal information. This lack of warning could result in privacy violations and reputational harm, especially if sensitive student data is inadvertently disclosed.

Legal Analysis

medium Risk

Removed

Added

Posts to discussion forums, discussion boards, comments to blogs, and Alumni Class Notes are viewable by other users. When these areas aremay be publicly accessible if not in a password-protected area, they may be viewable by the general publicareas. Please be aware of this when postingUsers are expressly warned not to post sensitive personal information in these areas, and the school disclaims liability for disclosures made in public forums. Clear guidance will be provided at each posting location.

Legal Explanation

The original clause does not provide a sufficiently clear warning or liability disclaimer regarding public access to posted information. The revision mitigates risk of privacy violations and reputational harm by clarifying user responsibilities and institutional limits.

Conclusion: Proactive Legal Protection Is Essential Our analysis highlights that ambiguous consent, incomplete data transfer disclosures, insufficient security commitments, and unclear public posting warnings could expose The Gow School to regulatory fines, litigation, and reputational harm. Proactive redlining and legal review are essential to mitigate these risks and ensure compliance with evolving privacy laws.

How confident are you that your privacy policy would withstand a regulatory audit?
What would a single data breach cost your organization in fines and lost trust?
Are your consent and disclosure practices robust enough to protect your students and institution?

**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.**