Parents' Bill of Rights for Data Privacy & Security
Parents and eligible students1 can expect the following:
- A student’s personally identifiable information (PII)2 cannot be sold or released for any commercial purpose.
- The right to inspect and review the complete contents of the student’s education record stored or maintained by an educational agency.
- State and federal laws,3 such as NYS Education Law §2-d and the Family Educational Rights and Privacy Act, that protect the confidentiality of a student’s PII, and safeguards associated with industry standards and best practices, including but not limited to, encryption, firewalls, and password protection, must be in place when data is stored or transferred.
- A complete list of all student data elements collected by NYSED is available for public review at www.nysed.gov/data-privacy-security, and by writing to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234.
- The right to have complaints about possible breaches and unauthorized disclosures of student data addressed. Complaints may be submitted to Brewster’s Data Protection Officer online at https://tinyurl.com/BCSD-data-privacy-complaint, by mail to: Jim Treloar, Data Protection Officer, 50 Foggintown Road Brewster, NY 12498
- To be notified in accordance with applicable laws and regulations if a breach or unauthorized release of their student’s PII occurs.
- BCSD workers that handle PII will receive training on applicable state and federal laws, the educational agency’s policies, and safeguards associated with industry standards and best practices that protect PII.
- BCSD contracts with vendors that receive PII will address statutory and regulatory data privacy and security requirements. (see supplemental information for Third Party Contracts)
Supplemental Information for Third-Party Contracts
Each third-party contractor, that enters into a contract or other written agreement with the District under which the third-party contractor will receive student data or teacher or principal data from the District, is required to:
- Adopt technologies, safeguards, and practices that align with the NIST Cybersecurity Framework;
- Comply with District policy and Education Law Section 2-d and its implementing regulations;
- Limit internal access to PII to only those employees or subcontractors that have legitimate educational interests (i.e., they need access to provide the contracted services);
- Not use the PII for any purpose not explicitly authorized in its contract;
- Not disclose any PII to any other party without the prior written consent of the parent or eligible student:
- Except for authorized representatives of the third-party contractor such as a subcontractor or assignee to the extent they are carrying out the contract and in compliance with law, regulation, and its contract with the District; or
- Unless required by law or court order and the third-party contractor provides a notice of the disclosure to NYSED, the Board, or the institution that provided the information no later than the time the information is disclosed, unless providing notice of the disclosure is expressly prohibited by law or court order;
- Maintain reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of PII in its custody;
- Use encryption to protect PII in its custody while in motion or at rest; and
- Not sell PII nor use or disclose it for any marketing or commercial purpose or facilitate its use or disclosure by any other party for any marketing or commercial purpose or permit another party to do so.
1 “Parent” means a parent, legal guardian, or person in parental relation to a student. These rights may not apply to parents of eligible students defined as a student eighteen years or older. “Eligible Student” means a student 18 years and older.
2 “Personally identifiable information,” as applied to student data, means personally identifiable information as defined in section 99.3 of title thirty-four of the code of federal regulations implementing the family educational rights and privacy act, section twelve hundred thirty-two-g of title twenty of the United States code, and, as applied to teacher or principal data, means “personally identifying information” as such term is used in subdivision ten of section three thousand twelve-c of this chapter.
3 Information about other state and federal laws that protect student data such as the Children's Online Privacy Protection Act, the Protection of Pupil Rights Amendment, and NY’s Personal Privacy Protection Law can be found at http://www.nysed.gov/student-data-privacy/federal-laws-protect-student-data.