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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. 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

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  1. Safeguarding Data to Ensure Effective Data Use Paige Kowalski |Director| State Policy & Advocacy April 2014

  2. 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

  3. The Goal: Deliver Value to Educators Source: Ms. Bullen’s Data-Rich Year @EdDataCampaign #eddata

  4. The Task: Support Data Use & Protect Privacy Ensure privacy, security, and confidentiality of student data throughout. @EdDataCampaign #eddata

  5. 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

  6. 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

  7. 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

  8. The Next Step: Strengthen Communications & Privacy Policies @EdDataCampaign #eddata

  9. 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

  10. 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

  11. 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

  12. Safeguarding Data in Idaho • Senator John Goedde (R-ID) • Chairman, Education Committee @EdDataCampaign #eddata

  13. Foundational Elements of a State Data Privacy and Security Policy Privacy and Security: Related but Different

  14. 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

  15. 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

  16. Foundational Elements of a State Data Privacy and Security Policy Tools You Can Use: 1a. State Legislation/Policy Checklist

  17. Questions? @EdDataCampaign #eddata

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