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The Wonderful World of Data Sharing Agreements

The Wonderful World of Data Sharing Agreements. Jay Pfeiffer MPR Associates, Inc. 2150 Shattuck Avenue Suite 800 Berkeley, CA 94074.

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The Wonderful World of Data Sharing Agreements

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  1. The Wonderful World of Data Sharing Agreements Jay Pfeiffer MPR Associates, Inc. 2150 Shattuck Avenue Suite 800 Berkeley, CA 94074

  2. "...the term 'matching program' means any computerized comparison of two or more automated systems of records or a system of records with non- federal records for the purpose of - establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under federal benefit programs, or recouping payments or delinquent debts under such federal benefits programs..." "...the term, 'matching program'... does not include - matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals...“ Section 552a (a)U.S. Code , The Computer Matching and Privacy Protection Act of 1988 (definitions)

  3. Reminder: CTE Audience, Partners, & Data Owners • 3. Labor/Employment Security • Labor market information units • State/local workforce boards and operatives • One stops/Job Services • 4. Others • Vocational Rehabilitation • Correctional Education • Employers/business advocates – Chambers of Commerce • Researchers • 1. Parents and adult students. • 2. Education Partners • K12 Schools • Career and Technical Institutions • Adult Education operations • Community Colleges • Universities

  4. Agreements - Why • Leverage and Create Allies • Improve capabilities, breadth of services, infrastructure, and analytics that can refine and grow data use in CTE • State-level value added, economies of scale • Identify and fill data gaps – substitute where possible

  5. Agreements: Steps to take • Step 1: Do research inside and outside • Step 2: Involve the organization- establish interest and receptivity • Step 3: Determine conditions under which personally identifiable data may be shared • Step 4: Review and understand the content, structure, and context that their systems serve • Step 5: Develop agreements • Step 6: Carry out the agreements

  6. Agreements: Basic Elements • “No record which is contained in a system of records may be disclosed to a recipient agency” … “ for use in a computer matching program except pursuant to a written agreement between the source agency and the recipient agency”…. • The Computer Matching and Privacy Protection Act of 1988

  7. Agreements: Basic Elements I • “Witnesseth…” • Purpose • Key Objectives • Legal Authority • Justification • Anticipated results • Savings estimates • Implementation • Action Steps and sequencing • Work order styles/templates

  8. Agreements: Basic Elements II • Description of records to be matched • Each data element involved • Approximate number of records • Duration • Start and end dates • Renewal options • Terms and Conditions • Conditions and practices to be observed in handling confidential data

  9. Agreements: Basic Elements III • Costs (if applicable) • Key Contacts • Approvals • Attachments

  10. Remember - Step 6: Carry out the agreements • Observe the specific requirements of data sharing agreements scrupulously. If anything, overdo them, especially with respect to observing requirements for the confidential treatment of data. • Observe the spiritof data sharing agreements. • Communicate with the data sharing partner • Alertthe partner is there are issues concerning data accuracy, anomalies, or problems • Consult with the partner if another entity wishes access to linked data sets (it is not your data) • Review the agreement and attendant processes periodically, chronicle uses , make suggestions, renew and revise (even cancel).

  11. Agreements: Things Change • Technologies • Staff • Agency Heads • Elected Officials • Laws • Attitudes

  12. Resources and Tools You Can Use • http://www.dataqualitycampaign.org/resources/field_profiles/confidentiality-agreements-designed-to-protect-the-privacy-of-student-data • Public law 100-503 (5 USC 552a) the Computer Matching and Privacy Protection Act of 1988 • www.doleta.gov/performance/pfdocs/WRIS_Data_Share_Agree_Amended • _Febr_17_2011.pdf • http://www2.ed.gov/policy/gen/guid/ptac/pdf/data-sharing-agreement-checklist.pdf • http://www.erdc.wa.gov/arraslds2009/charters/pdf/data_sharing.pdf • http://www.ohe.state.mn.us/pdf/MNEdSLEDSCharterApril2010.pdf • http://www.neighborhoodindicators.org/library/catalog/sample-data-sharing-agreement-education • Forum Guide to Supporting Data Access for Researchers: A State Agency Perspective, NCES, forthcoming

  13. Thank You! • Jay Pfeiffer • Jpfeiffer@mprinc.com • 1010 Juniper Creek Road • Quincy, Florida 32351 • 1-850-627-3771 • MPR Associates, Inc. 2150 Shattuck Avenue • Suite 800 • Berkeley, CA 94704 • 1-510-849-4942

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