Safeguarding data to ensure effective data use
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Safeguarding Data to Ensure Effective Data Use. Paige Kowalski |Director| State Policy & Advocacy. April 2014. Today’s Agenda. Overview: Privacy Concerns and State Landscape Paige Kowalski, Director of State Policy and Advocacy at DQC Safeguarding Data in Idaho

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Safeguarding data to ensure effective data use

Safeguarding Data to Ensure Effective Data Use

Paige Kowalski |Director| State Policy & Advocacy

April 2014


Today s agenda

Today’s Agenda

  • Overview: Privacy Concerns and State Landscape

    • Paige Kowalski, Director of State Policy and Advocacy at DQC

  • Safeguarding Data in Idaho

    • Senator John Goedde (R-ID), Chairman, Education Committee

  • Policy Guidance and Model Legislation

    Kate Lipper, Policy and Legal Advisor at EducationCounsel

    Reg Leichty, Partner at EducationCounsel

@EdDataCampaign

#eddata


The goal deliver value to educators

The Goal: Deliver Value to Educators

Source: Ms. Bullen’s Data-Rich Year

@EdDataCampaign

#eddata


Safeguarding data to ensure effective data use

The Task: Support Data Use & Protect Privacy

Ensure privacy, security, and confidentiality

of student data throughout.

@EdDataCampaign

#eddata


The family educational rights and privacy act ferpa

The Family Educational Rights and Privacy Act (FERPA)

  • Protects student privacy by limiting the disclosure of student records by educational agencies and institutions that receive funds from the U.S. Department of Education.

@EdDataCampaign

#eddata


Safeguarding data to ensure effective data use

An Evolution: Collecting, Storing, & Securing Data

Today

Back in the Day

1990’s

Image Source: Louisiana State Board of Elementary and Secondary Education

@EdDataCampaign

#eddata


Safeguarding data to ensure effective data use

  • We’ve seen a number of myths and fears arise about

    • The scope and type of student data collected and the privacy of those data

    • Who is collecting and accessing student data

    • The role of 3rd party service providers

  • Emerging concerns reflect a broadening of the conversation

    • Teachers and schools are using cloud based and other free tools;

    • Students are using school-sanctioned social networking or communication tools

@EdDataCampaign

#eddata


The next step strengthen communications privacy policies

The Next Step: Strengthen Communications & Privacy Policies

@EdDataCampaign

#eddata


States must

States Must:

  • Ensure parents and educators find value in the data that is collected and understand the “who, what, where, and when” of data collection and use.

  • Communicate with stakeholders, at every opportunity, to dispel myths and clarify the value of data to teaching, learning, and decision making.

  • Promote, enact and continuously review and update privacy, security, and confidentiality policies that are proactive and constructive rather than prohibitive.

@EdDataCampaign

#eddata


State legislation in 2014

State Legislation in 2014

  • 83 bills from 32 states

    • More are already being drafted

  • 62 bills have taken a prohibitive approach

    • NY AB 8929: Allows parents to opt-out of having their child's PII shared with any third party

    • OK HB 2911: Prevents any cross-agency data links and defunds the SLDS

  • 33 bills have taken a governance/transparency/accountability approach

    • WV HB 4316: Describes state, district, and school privacy responsibilities and establishes data sharing governance

    • TN SB 1470: Requires a public data inventory and a comprehensive privacy policy

  • The approaches are not mutually exclusive

  • @EdDataCampaign

    #eddata


    Other state actions

    Other State Actions

    • Executive Orders

      • Georgia: Affirmed prohibitions on sending PII to the federal government.

      • Maine: Affirmed commitment to student privacy rights.

      • Iowa: Confirmed the state DOE provides only aggregated student-level data to the federal government.

    • State Board Actions

      • Louisiana: Created a task force to validate data storage, security, and sharing practices at the district and state levels.

      • Alabama: Passed a policy to ensure that all state education data are collected, managed, and used in secure ways.

      • West Virginia: Submitted an amendment requiring transparency about data collection, governance, and parent compliant procedures.

    @EdDataCampaign

    #eddata


    Safeguarding data in idaho

    Safeguarding Data in Idaho

    • Senator John Goedde (R-ID)

      • Chairman, Education Committee

    @EdDataCampaign

    #eddata


    Foundational elements of a state data privacy and security policy

    Foundational Elements of a State Data Privacy and Security Policy

    Privacy and Security: Related but Different


    Foundational elements of a state data privacy and security policy1

    Foundational Elements of a State Data Privacy and Security Policy

    Key Elements of Statewide Law/Policy

    • Statement of the policy/law's purposes

    • Selection of a state leader and advisory board

    • Establishment of public data inventory and description of data elements

    • Strategies for transparency about data use, storage, retention, destruction, and protection

    • Statewide policies governing personally identifiable information

    • Statewide data security plan


    Foundational elements of a state data privacy and security policy2

    Foundational Elements of a State Data Privacy and Security Policy

    Tools You Can Use

    • EducationCounsel, Key Elements for Strengthening State Laws and Policies Pertaining to Student Data Use, Privacy, and Security: Guidance for State Policymakers

      • State Legislation/Policy Checklist

      • Model Legislative Language

  • PTAC, U.S. Department of Education, Protecting Student Privacy While Using Online Educational Services: Requirements and Best Practices

  • CoSN, Protecting Privacy in Connected Learning Toolkit: Considerations when Choosing an Online Service Provider for Your School System


  • Foundational elements of a state data privacy and security policy3

    Foundational Elements of a State Data Privacy and Security Policy

    Tools You Can Use: 1a. State Legislation/Policy Checklist


    Safeguarding data to ensure effective data use

    Questions?

    @EdDataCampaign

    #eddata


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