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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

slide4
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

slide6
An Evolution: Collecting, Storing, & Securing Data

Today

Back in the Day

1990’s

Image Source: Louisiana State Board of Elementary and Secondary Education

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slide7
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

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

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#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

slide18
Questions?

@EdDataCampaign

#eddata

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