Safeguarding Data to Ensure Effective Data Use

1. Safeguarding Data to Ensure Effective Data Use Aimee Rogstad Guidera March 2014

2. Why Data Matter? @EdDataCampaign #DFA2013

3. Key Questions: @EdDataCampaign #DFA2013

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

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

6. Greater Awareness around Data Access and Use are Driving Conversations about Purpose and Privacy @EdDataCampaign #eddata

7. 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

8. We’ve seen a number of legitimate concerns and some myths and fears arise about education data, particularly around… • 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 • Massive data breaches • No one is in charge or the work is done in secret @EdDataCampaign #eddata

9. Concerns often reflect a perceived link between data collection and Common Core and the role of the federal government. @EdDataCampaign #eddata

10. With these symptoms, the diagnosis is clear… @EdDataCampaign #eddata

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

12. Everyone needs to do more to protect privacy and build trust States & Districts: • Communicate about the value of data and how they are protected. • Update and implement privacy, security, and confidentiality practices and policies to keep up with changing technology and practices. • Establish data governance that addresses how policies and practices are implemented and enforced. • Build capacity of all end users to protect data. Service providers/Vendors: • Bolster your organization’s technical/legal expertise and oversight capacity to develop and manage comprehensive security protocols. • Ensure that privacy measures are implemented consistently and effectively across the state, and be a partner with districts in management and security burdens. • Update security and privacy protocols and practices to reflect best practices and address changing technology. Parents/Families: • Demand access to data necessary to be engaged partners in your child’s education • Expect clarity on what data are collected and for what purposes • Ask questions about how data is being kept private and secure • . @EdDataCampaign #eddata

13. 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

14. State Privacy Legislation in 2014 • 78 bills from 30 states • Many more in draft stage • 58 bills have taken a prohibitive approach • NH HB 1586: Prevents predictive analytics • MS SB 2737: Defunds the SLDS • 32 bills have taken a governance/transparency/accountability approach • TN SB 1470: Requires a public data inventory and a comprehensive privacy policy • WV HB 4316: Describes state, district, and school privacy responsibilities and establishes data sharing governance • The approaches are not mutually exclusive

15. Foundational Components of State Education Data Privacy Policies A. Statement of the purposes of the state's privacy policies, including an acknowledgment of the educational value of data and the importance of privacy and security safeguards; B. Selection of a state leader and advisory board responsible for ensuring appropriate privacy and security protections, including for developing and implementing policies and for providing guidance and sharing best practices with schools and districts; C. Establishment of a public data inventory and an understandable description of the specific data elements included in the inventory; D. Strategies for promoting transparency and public knowledge about data use, storage, retention, destruction, and protections; E. Development of statewide policies for governing personally identifiable information; and F. Establishment of a statewide data security plan to address administrative, physical, and technical safeguards. See here for complete model legislation and policy guidance from Education Counsel @EdDataCampaign #eddata

16. State Legislation: Considerations If your state is looking to enact privacy legislation this session, consider: • Ensuring that data governance is the primary component (see OK HB1989) • Broadening beyond K-12 to include P20/workforce data governance (see MD SB275 and KY SB83) • Supporting your schools and districts with privacy training for educators and model privacy/security policies (see NY SB6007) • Establishing a Chief Privacy Officer (see TN SB1470) • Introducing/strengthening civil penalties (see NY SB6007)

17. The State Board Role--LEADING • Ensure you find value in the state’s data by making sure it is aligned to help you fulfill board responsibilities. • Hold public hearings to ensure transparency for parents and the public about how data are collected and safeguarded and about the value of data. • Leverage your role as a public official to continuously disseminate the facts about data and privacy. • Use your rule-making and policy-setting functions to support effective privacy policies. @EdDataCampaign #eddata

18. The State Board Role in Supporting/Safeguarding Data—as defined by emerging legislation • Provide public data inventory • Appoint Chief Privacy Officer • Review potential new data elements to be collected/linked/shared • Ensure role based access to data • Adopt & implement privacy policies • Notify parents of rights • Creating Data Security Review Team • Provide oversight of vendor contracts @EdDataCampaign #eddata

20. Contact Information Aimee Rogstad Guidera Executive Director Aimee@DataQualityCampaign.org Paige Kowalski Director, State Policy and Advocacy Paige@DataQualityCampaign.org @paigekowalski DataQualityCampaign.org @EdDataCampaign #eddata

21. @EdDataCampaign #eddata