NY State Senate Bill 2015-S7626

Senate Bill S7626

2015-2016 Legislative Session

Relates to the unauthorized release of personally identifiable information relating to students

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Jun 06, 2016	amended on third reading 7626a
May 25, 2016	advanced to third reading
May 24, 2016	2nd report cal.
May 23, 2016	1st report cal.1045
May 11, 2016	referred to education

Votes

- May 23, 2016 - Education Committee Vote
  S7626
  
  17
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: May 23, 2016
      
      aye (17)
      
      Addabbo Jr.
      
      Avella
      
      Breslin
      
      Croci
      
      Farley
      
      Hamilton
      
      LaValle
      
      Lanza
      
      Latimer
      
      Little
      
      Marcellino
      
      Montgomery
      
      Ranzenhofer
      
      Robach
      
      Serino
      
      Stavisky
      
      Valesky
      
      aye wr (1)
      
      Peralta
      
      excused (1)
      
      Seward

Bill Amendments

Original

A (Active)

2015-S7626 - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §2-d, Ed L

2015-S7626 - Summary

Relates to the unauthorized release of personally identifiable information relating to students.

2015-S7626 - Sponsor Memo

                                 BILL NUMBER:  S7626

 TITLE OF BILL :

An act to amend the education law, in relation to the unauthorized
release of personally identifiable information relating to students

 PURPOSE :

To enhance privacy protections to students' personally identifiable
student information contained in student education records maintained
by schools and school districts and place additional restrictions on
the release of personally identifiable student information.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 1 of section 2-d of the education law by
adding definitions of "directory information" and "disclosable
directory information".

Section 2 amends subdivision 3 of section 2-d of the education law by
providing guidelines of public notice.

Sections 3 through 5 give restrictions and guidelines regarding the
sale and use of personally identifiable information to be used
commercially or for profit and requirements for the disclosure of that

information.

Section 6 gives effective date.

 JUSTIFICATION :

New York has the opportunity to enhance and strengthen privacy
protections for its students, which is especially critical as
personally identifiable information will be digitized and shared
electronically to audit and evaluate state and local education
programs and to support the Statewide Longitudinal Data Systems. This
makes data security and student safety of paramount concern and the
State has an interest to ensure the disclosure of students' personally
identifiable information meets the standards of the Fair Information
Practice Principles, as outlined by the Federal Trade Commission:
notice/awareness, choice/consent, access/participation,
integrity/security, and enforcement/redress.

While FERPA protects student information privacy it does not go far
enough, nor does it adequately address the privacy issues of the
electronic age and the capacity of marketers and other commercial
enterprises to capture, use, and re-sell student information. Even
with privacy controls in place, it is also far too easy for
individuals to get a hold of student information and use it for
illegal purposes, including identity theft, child abduction in custody
battles, and domestic violence.

Therefore, this proposed legislation will enhance the protection to
New York students and their families by stipulating that a student's
personally identifiable information by limiting disclosure to a third
party for non-profit purposes with the consent from the parent or
student, if the student is over age 18. Further, directory
information, which can be disclosed under current law, may be
restricted at the request of a parent or student over the age of 18.
Lastly, this bill further enhances privacy by completely prohibiting
the disclosure of directory information or personally identifiable
information to a third party for profit-making purposes.

This legislation will give parents and students greater control over
disclosure of personally identifiable information to third parties.
It will protect students from their personal information being used by
marketers who re-sell their information in secondary markets. The
sophisticated electronic systems used to identify and breach the
privacy of individuals should not have access to the personally
identifiable information of vulnerable students. This added protection
to New York students would protect them from opportunistic marketers
and from identity theft.

Schools have been found to have varying degrees of conformance with
the basic FERPA privacy requirements. Schools must become more
proactive in providing parents with adequate notice of their rights to
keep students' information private and handling the information as
sensitive data. New York has the opportunity to become a national
leader in helping schools to protect students from violations of their
privacy by affording them added protections and the option not to
disclose locator information. Recent proposed amendments to FERPA
underscore this need, as students' personally identifiable information
and data will be mined for the Statewide Longitudinal Data Systems,
audit and evaluation of education programs, and research projects.
Student data will be shared across government agency systems and with
researchers, increasing the risk of data breaches and privacy
violations. The proposed New York legislation would further restrict
the release of personally identifiable information so that there will
be fewer opportunities for data security to be compromised and do harm
to an individual or group of students.

Students need and deserve this extra protection. In the digital age,
the line between a computer-based school directory and the online
world is rapidly disappearing. Computer security breaches are rampant,
exposing supposedly private and proprietary information to online
databases. New York should not wait for a major breach of student
information with serious consequences before acting.  Currently, the
online collection of personal information from children under age 13
is protected under the Federal Trade Commission's Children's Online
Privacy Protection Act (COPPA). COPPA outlines requirements of a
website operator's privacy policy, when and how to seek verifiable
consent from parents, privacy protections for children, and
restrictions on marketing to children. Students deserve no less than
the same kind of robust privacy Protections for their personal
information maintained by their schools.

This legislation would create additional and needed privacy
protections for students while not imposing any mandates or requiring
additional spending by New York schools. The legislation will remind
schools of their very serious obligation to protect student privacy,
the risks of disclosing student information to commercial enterprises,
and the challenges of collecting and disseminating personal data in
the digital age. Schools are stewards of students' personally
identifiable information and as such must adhere to the highest
standards of practice in protecting privacy and confidentiality. This
legislation will provide those standards and serve as a model for
other states seeking to protect the privacy, safety, and security of
its students.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect July 1, 2017 and shall apply to school
years beginning with the 2017-2018 academic year

2015-S7626 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7626

                            I N  S E N A T E

                              May 11, 2016
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education

AN ACT to amend the education  law,  in  relation  to  the  unauthorized
  release of personally identifiable information relating to students

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of  section  2-d  of  the  education  law  is
amended by adding a new paragraph 1 to read as follows:
  1.  "DIRECTORY  INFORMATION" SHALL HAVE THE SAME MEANING 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.
"DISCLOSABLE DIRECTORY INFORMATION" MEANS WITH RESPECT TO A STUDENT, THE
STUDENT'S  NAME;  PHOTOGRAPH; AGE; GRADE LEVEL; ENROLLMENT STATUS; DATES
OF ATTENDANCE; PARTICIPATION IN  OFFICIALLY  RECOGNIZED  ACTIVITIES  AND
SPORTS;  WEIGHT AND HEIGHT OF MEMBERS OF ATHLETIC TEAMS; DEGREES, HONORS
AND AWARDS RECEIVED; AND THE MOST RECENT EDUCATIONAL AGENCY OR  INSTITU-
TION ATTENDED.
  S  2.  Subdivision 3 of section 2-d of the education law is amended by
adding a new paragraph e to read as follows:
  E. WITHIN THE FIRST MONTH OF EACH SCHOOL YEAR, EACH EDUCATIONAL AGENCY
SHALL PUBLICLY ISSUE A NOTICE, INCLUDE IN THE STUDENT HANDBOOK IF APPLI-
CABLE, AND SEND HOME WITH EVERY  STUDENT,  INFORMATION  STIPULATING  THE
DISCLOSURE PROCEDURES FOR PERSONALLY IDENTIFIABLE INFORMATION.
  (1) THE NOTICE REQUIRED UNDER THIS PARAGRAPH SHALL INCLUDE:
  (I)  A DESCRIPTION OF ANY PERSONALLY IDENTIFIABLE INFORMATION THAT THE
EDUCATIONAL AGENCY EXPECTS TO DISCLOSE DURING THE SCHOOL YEAR;
  (II) THE PROCEDURE THAT A PARENT OF A STUDENT OR AN  ELIGIBLE  STUDENT
CAN  FOLLOW  TO PROHIBIT THE EDUCATIONAL AGENCY FROM DISSEMINATING DISC-
LOSABLE DIRECTORY INFORMATION; AND
  (III) THE PROCEDURE THAT A PARENT OF A STUDENT OR AN ELIGIBLE  STUDENT
CAN  FOLLOW  TO  PROHIBIT  THE  EDUCATIONAL  AGENCY  FROM  DISSEMINATING
PERSONALLY IDENTIFIABLE INFORMATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15005-03-6

S. 7626                             2

  (2) IF THE SCHOOL DOES NOT RECEIVE AN OBJECTION FROM THE PARENT  OF  A
STUDENT  OR THE ELIGIBLE STUDENT WITHIN THIRTY DAYS OF THE DISSEMINATION
OF THE NOTICE REQUIRED TO BE PROVIDED UNDER THIS PARAGRAPH,  THE  EDUCA-
TIONAL AGENCY MAY DISSEMINATE DISCLOSABLE DIRECTORY INFORMATION RELATING
TO THE STUDENT.
  S 3. Paragraph f of subdivision 4 of section 2-d of the education law,
as  added by section 1 of subpart L of part AA of chapter 56 of the laws
of 2014, is amended to read as follows:
  f. Personally identifiable information maintained by educational agen-
cies, including data  provided  to  third-party  contractors  and  their
assignees,  shall  not be sold or used for marketing purposes, INCLUDING
BUT NOT LIMITED TO MARKETING PRODUCTS OR SERVICES;  SELLING  OR  RENTING
PERSONALLY  IDENTIFIABLE  INFORMATION  FOR  USE IN MARKETING PRODUCTS OR
SERVICES; CREATING, CORRECTING, OR UPDATING AN INDIVIDUAL  OR  HOUSEHOLD
PROFILE; COMPILATION OF A LIST OF STUDENTS; OR ANY OTHER PURPOSE CONSID-
ERED BY THE SCHOOL AS LIKELY TO BE A COMMERCIAL, FOR-PROFIT ACTIVITY.
  S  4.  Subdivision 7 of section 2-d of the education law is amended by
adding a new paragraph e to read as follows:
  E. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  THE  RELEASE  OF
PERSONALLY IDENTIFIABLE INFORMATION TO THE DEPARTMENT, THE UNITED STATES
MILITARY, OR ANY INSTITUTION OF HIGHER EDUCATION, ANY POLITICAL SUBDIVI-
SION  OR  FEDERAL  AGENCY  THAT DEMONSTRATES AN APPROPRIATE NEED FOR THE
INFORMATION OR A SCHOOL DISTRICT OR SCHOOL THAT DEMONSTRATES  AN  APPRO-
PRIATE NEED FOR THE INFORMATION.
  S  5.  Section  2-d  of  the  education law is amended by adding a new
subdivision 8 to read as follows:
  8. DISCLOSURE. A. A SCHOOL MAY DISCLOSE DIRECTORY INFORMATION ABOUT  A
STUDENT ONLY:
  (1)  IF  THE  DISCLOSURE  DOES  NOT INCLUDE ANY INFORMATION OTHER THAN
DISCLOSABLE DIRECTORY INFORMATION AS DEFINED IN THIS SECTION;
  (2) AFTER GIVING THE PARENT OF THE STUDENT IN ATTENDANCE OR THE ELIGI-
BLE STUDENT IN ATTENDANCE AT THE SCHOOL NOTICE  AND  AN  OPPORTUNITY  TO
OPT-OUT  OF THE DISCLOSURE IN ACCORDANCE WITH PARAGRAPH E OF SUBDIVISION
THREE OF THIS SECTION; AND
  (3) IF THE DISCLOSURE IS  TO  A  SCHOOL  NEWSPAPER,  LOCAL  NEWSPAPER,
SCHOOL CLUB OR ORGANIZATION, SCHOOL YEARBOOK, HONOR ROLL OR OTHER RECOG-
NITION  LIST,  GRADUATION  PROGRAM,  SPORTS  RELATED  PUBLICATION  WHICH
PROVIDES SPECIFIC INFORMATION ABOUT PARTICULAR STUDENTS FOR THE PURPOSES
OF A SPECIFIC SPORTS ACTIVITY OR FUNCTION, OR PARENT AND TEACH ORGANIZA-
TION.
  B. A  SCHOOL  MAY  DISCLOSE  PERSONALLY  IDENTIFIABLE  INFORMATION  IN
ACCORDANCE  WITH  THE  PROCEDURE  PROVIDED IN PARAGRAPH E OF SUBDIVISION
THREE OF THIS SECTION, AFTER GIVING THE PARENT OF THE STUDENT IN ATTEND-
ANCE OR THE ELIGIBLE STUDENT IN ATTENDANCE NOTICE AND AN OPPORTUNITY  TO
PROHIBIT  THE  DISCLOSURE  IN ACCORDANCE WITH PARAGRAPH E OF SUBDIVISION
THREE OF THIS SECTION, IF:
  (1) THE DISCLOSURE IS TO ANY PARENT OF ANY STUDENT  IN  ATTENDANCE  OR
ANY ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL; OR
  (2) THE DISCLOSURE IS TO A NON-PROFIT ORGANIZATION THAT: (I) SEEKS THE
INFORMATION  FOR A SPECIFIC PURPOSE DETERMINED BY THE SCHOOL TO BE BENE-
FICIAL TO THE STUDENT; (II) STATES IN WRITING THAT IT HAS  NOT  USED  OR
DISCLOSED  PERSONALLY  IDENTIFIABLE  INFORMATION  FROM  ANY  SCHOOL IN A
MANNER INCONSISTENT WITH THE TERMS OF DISCLOSURE WITHIN  THE  PAST  FIVE
YEARS;  AND (III) AGREES IN WRITING TO USE THE INFORMATION ONLY FOR THAT
PURPOSE AND TO RETURN OR DESTROY THE INFORMATION WHEN  THE  PURPOSE  HAS

S. 7626                             3

BEEN  FULFILLED OR WITHIN ONE YEAR AFTER RECEIPT, WHICHEVER COMES FIRST;
AND
  (3) THE SCHOOL HAS NO REASON TO BELIEVE THAT THE RECIPIENT HAS USED OR
DISCLOSED  PERSONALLY  IDENTIFIABLE  INFORMATION  FROM  ANY  SCHOOL IN A
MANNER INCONSISTENT WITH THE TERMS OF THE  DISCLOSURE  WITHIN  THE  PAST
FIVE YEARS.
  C.  UNLESS  OTHERWISE  ALLOWED BY LAW, A SCHOOL MAY NOT, EVEN WITH THE
AFFIRMATIVE CONSENT OF THE PARENT OF THE STUDENT IN  ATTENDANCE  OR  THE
ELIGIBLE  STUDENT IN ATTENDANCE, DISCLOSE PERSONALLY IDENTIFIABLE INFOR-
MATION FOR A COMMERCIAL, FOR-PROFIT ACTIVITY INCLUDING BUT  NOT  LIMITED
TO USE FOR:
  (1) MARKETING PRODUCTS OR SERVICES;
  (2)  SELLING  PERSONALLY IDENTIFIABLE INFORMATION FOR USE IN MARKETING
PRODUCTS OR SERVICES;
  (3) CREATING OR CORRECTING AN INDIVIDUAL OR HOUSEHOLD PROFILE;
  (4) COMPILATION OF A STUDENT LIST;
  (5) SALE OF THE INFORMATION FOR ANY COMMERCIAL PURPOSE; OR
  (6) ANY OTHER PURPOSE CONSIDERED BY THE  SCHOOL  AS  LIKELY  TO  BE  A
COMMERCIAL, FOR-PROFIT ACTIVITY.
  D.  IN MAKING AN ALLOWABLE DISCLOSURE UNDER THIS SUBDIVISION, A SCHOOL
MAY ONLY DISCLOSE THE MINIMUM AMOUNT OF INFORMATION NECESSARY TO  ACCOM-
PLISH THE PURPOSE OF THE DISCLOSURE.
  S 6. This act shall take effect July 1, 2017 and shall apply to school
years beginning with the 2017-2018 academic year.

2015-S7626A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §2-d, Ed L

2015-S7626A (ACTIVE) - Summary

Relates to the unauthorized release of personally identifiable information relating to students.

2015-S7626A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7626A

 TITLE OF BILL :  An act to amend the education law, in relation to
the unauthorized release of personally identifiable information
relating to students

 PURPOSE :

To enhance privacy protections to students' personally identifiable
student information contained in student education records maintained
by schools and school districts and place additional restrictions on
the release of personally identifiable student information.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 1 of section 2-d of the education law by
adding definitions of "directory information" and "disclosable
directory information".

Section 2 amends subdivision 3 of section 2-d of the education law by
providing guidelines of public notice.

Sections 3 through 5 give restrictions and guidelines regarding the
sale and use of personally identifiable information to be used
commercially or for profit and requirements for the disclosure of that
information.

Section 6 gives effective date.

 JUSTIFICATION :

New York has the opportunity to enhance and strengthen privacy
protections for its students, which is especially critical as
personally identifiable information will be digitized and shared
electronically to audit and evaluate state and local education
programs and to support the Statewide Longitudinal Data Systems. This
makes data security and student safety of paramount concern and the
State has an interest to ensure the disclosure of students' personally
identifiable information meets the standards of the Fair Information
Practice Principles, as outlined by the Federal Trade Commission:
notice/awareness, choice/consent, access/participation,
integrity/security, and enforcement/redress.

While FERPA protects student information privacy it does not go far
enough, nor does it adequately address the privacy issues of the
electronic age and the capacity of marketers and other commercial
enterprises to capture, use, and re-sell student information. Even
with privacy controls in place, it is also far too easy for
individuals to get a hold of student information and use it for
illegal purposes, including identity theft, child abduction in custody
battles, and domestic violence.

Therefore, this proposed legislation will enhance the protection to
New York students and their families by stipulating that a student's
personally identifiable information by limiting disclosure to a third
party for non-profit purposes with the consent from the parent or
student, if the student is over age 18. Further, directory
information, which can be disclosed under current law, may be
restricted at the request of a parent or student over the age of 18.
Lastly, this bill further enhances privacy by completely prohibiting
the disclosure of directory information or personally identifiable
information to a third party for profit-making purposes.

This legislation will give parents and students greater control over
disclosure of personally identifiable information to third parties.
It will protect students from their personal information being used by
marketers who re-sell their information in secondary markets. The
sophisticated electronic systems used to identify and breach the
privacy of individuals should not have access to the personally
identifiable information of vulnerable students. This added protection
to New York students would protect them from opportunistic marketers
and from identity theft.

Schools have been found to have varying degrees of conformance with
the basic FERPA privacy requirements. Schools must become more
proactive in providing parents with adequate notice of their rights to
keep students' information private and handling the information as
sensitive data. New York has the opportunity to become a national
leader in helping schools to protect students from violations of their
privacy by affording them added protections and the option not to
disclose locator information. Recent proposed amendments to FERPA
underscore this need, as students' personally identifiable information
and data will be mined for the Statewide Longitudinal Data Systems,
audit and evaluation of education programs, and research projects.
Student data will be shared across government agency systems and with
researchers, increasing the risk of data breaches and privacy
violations. The proposed New York legislation would further restrict
the release of personally identifiable information so that there will
be fewer opportunities for data security to be compromised and do harm
to an individual or group of students.

Students need and deserve this extra protection. In the digital age,
the line between a computer-based school directory and the online
world is rapidly disappearing. Computer security breaches are rampant,
exposing supposedly private and proprietary information to online
databases. New York should not wait for a major breach of student
information with serious consequences before acting.  Currently, the
online collection of personal information from children under age 13
is protected under the Federal Trade Commission's Children's Online
Privacy Protection Act (COPPA). COPPA outlines requirements of a
website operator's privacy policy, when and how to seek verifiable
consent from parents, privacy protections for children, and
restrictions on marketing to children. Students deserve no less than
the same kind of robust privacy Protections for their personal
information maintained by their schools.

This legislation would create additional and needed privacy
protections for students while not imposing any mandates or requiring
additional spending by New York schools. The legislation will remind
schools of their very serious obligation to protect student privacy,
the risks of disclosing student information to commercial enterprises,
and the challenges of collecting and disseminating personal data in
the digital age. Schools are stewards of students' personally
identifiable information and as such must adhere to the highest
standards of practice in protecting privacy and confidentiality. This
legislation will provide those standards and serve as a model for
other states seeking to protect the privacy, safety, and security of
its students.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect July 1, 2017 and shall apply to school
years beginning with the 2017-2018 academic year

2015-S7626A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7626--A
    Cal. No. 1045

                            I N  S E N A T E

                              May 11, 2016
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

AN ACT to amend the education  law,  in  relation  to  the  unauthorized
  release of personally identifiable information relating to students

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of  section  2-d  of  the  education  law  is
amended by adding a new paragraph 1 to read as follows:
  1.  "DIRECTORY  INFORMATION" SHALL HAVE THE SAME MEANING 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.
"DISCLOSABLE DIRECTORY INFORMATION" MEANS WITH RESPECT TO A STUDENT, THE
STUDENT'S  NAME;  PHOTOGRAPH; AGE; GRADE LEVEL; ENROLLMENT STATUS; DATES
OF ATTENDANCE; PARTICIPATION IN  OFFICIALLY  RECOGNIZED  ACTIVITIES  AND
SPORTS;  WEIGHT AND HEIGHT OF MEMBERS OF ATHLETIC TEAMS; DEGREES, HONORS
AND AWARDS RECEIVED; AND THE MOST RECENT EDUCATIONAL AGENCY OR  INSTITU-
TION ATTENDED.
  S  2.  Subdivision 3 of section 2-d of the education law is amended by
adding a new paragraph e to read as follows:
  E. WITHIN THE FIRST MONTH OF EACH SCHOOL YEAR, EACH EDUCATIONAL AGENCY
SHALL PUBLICLY ISSUE A NOTICE, INCLUDE IN THE STUDENT HANDBOOK IF APPLI-
CABLE, AND SEND HOME WITH EVERY  STUDENT,  INFORMATION  STIPULATING  THE
DISCLOSURE PROCEDURES FOR PERSONALLY IDENTIFIABLE INFORMATION.
  (1) THE NOTICE REQUIRED UNDER THIS PARAGRAPH SHALL INCLUDE:
  (I)  A DESCRIPTION OF ANY PERSONALLY IDENTIFIABLE INFORMATION THAT THE
EDUCATIONAL AGENCY EXPECTS TO DISCLOSE DURING THE SCHOOL YEAR;
  (II) THE PROCEDURE THAT A PARENT OF A STUDENT OR AN  ELIGIBLE  STUDENT
CAN  FOLLOW  TO PROHIBIT THE EDUCATIONAL AGENCY FROM DISSEMINATING DISC-
LOSABLE DIRECTORY INFORMATION; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15005-04-6

S. 7626--A                          2

  (III) THE PROCEDURE THAT A PARENT OF A STUDENT OR AN ELIGIBLE  STUDENT
CAN  FOLLOW  TO  PROHIBIT  THE  EDUCATIONAL  AGENCY  FROM  DISSEMINATING
PERSONALLY IDENTIFIABLE INFORMATION.
  (2)  IF  THE SCHOOL DOES NOT RECEIVE AN OBJECTION FROM THE PARENT OF A
STUDENT OR THE ELIGIBLE STUDENT WITHIN THIRTY DAYS OF THE  DISSEMINATION
OF  THE  NOTICE REQUIRED TO BE PROVIDED UNDER THIS PARAGRAPH, THE EDUCA-
TIONAL AGENCY MAY DISSEMINATE DISCLOSABLE DIRECTORY INFORMATION RELATING
TO THE STUDENT.
  S 3. Paragraph f of subdivision 4 of section 2-d of the education law,
as added by section 1 of subpart L of part AA of chapter 56 of the  laws
of 2014, is amended to read as follows:
  f. Personally identifiable information maintained by educational agen-
cies,  including  data  provided  to  third-party  contractors and their
assignees, shall not be sold or used for marketing  purposes,  INCLUDING
BUT  NOT  LIMITED  TO MARKETING PRODUCTS OR SERVICES; SELLING OR RENTING
PERSONALLY IDENTIFIABLE INFORMATION FOR USE  IN  MARKETING  PRODUCTS  OR
SERVICES;  CREATING,  CORRECTING, OR UPDATING AN INDIVIDUAL OR HOUSEHOLD
PROFILE; COMPILATION OF A LIST OF STUDENTS; OR ANY OTHER PURPOSE CONSID-
ERED BY THE SCHOOL AS LIKELY TO BE A COMMERCIAL, FOR-PROFIT ACTIVITY.
  S 4. Subdivision 7 of section 2-d of the education law is  amended  by
adding a new paragraph e to read as follows:
  E.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO THE RELEASE OF
PERSONALLY IDENTIFIABLE INFORMATION TO THE DEPARTMENT, THE UNITED STATES
MILITARY, OR ANY INSTITUTION OF HIGHER EDUCATION, ANY POLITICAL SUBDIVI-
SION OR FEDERAL AGENCY THAT DEMONSTRATES AN  APPROPRIATE  NEED  FOR  THE
INFORMATION  OR  A SCHOOL DISTRICT OR SCHOOL THAT DEMONSTRATES AN APPRO-
PRIATE NEED FOR THE INFORMATION.
  S 5. Section 2-d of the education law  is  amended  by  adding  a  new
subdivision 8 to read as follows:
  8.  DISCLOSURE. A. A SCHOOL MAY DISCLOSE DIRECTORY INFORMATION ABOUT A
STUDENT ONLY:
  (1) IF THE DISCLOSURE DOES NOT  INCLUDE  ANY  INFORMATION  OTHER  THAN
DISCLOSABLE DIRECTORY INFORMATION AS DEFINED IN THIS SECTION;
  (2) AFTER GIVING THE PARENT OF THE STUDENT IN ATTENDANCE OR THE ELIGI-
BLE  STUDENT  IN  ATTENDANCE  AT THE SCHOOL NOTICE AND AN OPPORTUNITY TO
OPT-OUT OF THE DISCLOSURE IN ACCORDANCE WITH PARAGRAPH E OF  SUBDIVISION
THREE OF THIS SECTION; AND
  (3)  IF  THE  DISCLOSURE  IS  TO  A SCHOOL NEWSPAPER, LOCAL NEWSPAPER,
SCHOOL CLUB OR ORGANIZATION, SCHOOL YEARBOOK, SCHOOL PHOTOGRAPHER, HONOR
ROLL OR OTHER  RECOGNITION  LIST,  GRADUATION  PROGRAM,  SPORTS  RELATED
PUBLICATION   WHICH   PROVIDES  SPECIFIC  INFORMATION  ABOUT  PARTICULAR
STUDENTS FOR THE PURPOSES OF A SPECIFIC SPORTS ACTIVITY OR FUNCTION,  OR
PARENT AND TEACHER ORGANIZATION; OR
  (4) IF THE DISCLOSURE IS TO ANY PARENT OF ANY STUDENT IN ATTENDANCE OR
ANY ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL; OR
  (5)  IF THE DISCLOSURE IS TO ANY ORGANIZATION THE EDUCATION AGENCY HAS
A WRITTEN AGREEMENT WITH TO PROVIDE SERVICES OR PRODUCTS. SUCH ORGANIZA-
TION MAY UTILIZE DISCLOSABLE DIRECTORY INFORMATION AS SPECIFIED IN  SUCH
WRITTEN  AGREEMENT,  AND,  AS  SPECIFIED  IN SUCH WRITTEN AGREEMENT, MAY
MARKET SUCH SERVICES AND PRODUCTS WITHIN THE SCHOOL COMMUNITY.
  B. A  SCHOOL  MAY  DISCLOSE  PERSONALLY  IDENTIFIABLE  INFORMATION  IN
ACCORDANCE  WITH  THE  PROCEDURE  PROVIDED IN PARAGRAPH E OF SUBDIVISION
THREE OF THIS SECTION, AFTER GIVING THE PARENT OF THE STUDENT IN ATTEND-
ANCE OR THE ELIGIBLE STUDENT IN ATTENDANCE NOTICE AND AN OPPORTUNITY  TO
PROHIBIT  THE  DISCLOSURE  IN ACCORDANCE WITH PARAGRAPH E OF SUBDIVISION
THREE OF THIS SECTION, IF:

S. 7626--A                          3

  (1) THE DISCLOSURE IS TO THE PARENT OF ANY STUDENT  IN  ATTENDANCE  OR
ANY ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL; OR
  (2) THE DISCLOSURE IS TO A NON-PROFIT ORGANIZATION THAT: (I) SEEKS THE
INFORMATION  FOR A SPECIFIC PURPOSE DETERMINED BY THE SCHOOL TO BE BENE-
FICIAL TO THE STUDENT; (II) STATES IN WRITING THAT IT HAS  NOT  USED  OR
DISCLOSED  PERSONALLY  IDENTIFIABLE  INFORMATION  FROM  ANY  SCHOOL IN A
MANNER INCONSISTENT WITH THE TERMS OF DISCLOSURE WITHIN  THE  PAST  FIVE
YEARS;  AND (III) AGREES IN WRITING TO USE THE INFORMATION ONLY FOR THAT
PURPOSE AND TO RETURN OR DESTROY THE INFORMATION WHEN  THE  PURPOSE  HAS
BEEN  FULFILLED OR WITHIN ONE YEAR AFTER RECEIPT, WHICHEVER COMES FIRST;
AND
  (3) THE SCHOOL HAS NO REASON TO BELIEVE THAT THE RECIPIENT HAS USED OR
DISCLOSED PERSONALLY IDENTIFIABLE  INFORMATION  FROM  ANY  SCHOOL  IN  A
MANNER  INCONSISTENT  WITH  THE  TERMS OF THE DISCLOSURE WITHIN THE PAST
FIVE YEARS.
  C. UNLESS OTHERWISE ALLOWED BY LAW, A SCHOOL MAY NOT,  EVEN  WITH  THE
AFFIRMATIVE  CONSENT  OF  THE PARENT OF THE STUDENT IN ATTENDANCE OR THE
ELIGIBLE STUDENT IN ATTENDANCE, DISCLOSE PERSONALLY IDENTIFIABLE  INFOR-
MATION  FOR  A COMMERCIAL, FOR-PROFIT ACTIVITY INCLUDING BUT NOT LIMITED
TO USE FOR:
  (1) MARKETING PRODUCTS OR SERVICES;
  (2) SELLING PERSONALLY IDENTIFIABLE INFORMATION FOR USE  IN  MARKETING
PRODUCTS OR SERVICES;
  (3) CREATING OR CORRECTING AN INDIVIDUAL OR HOUSEHOLD PROFILE;
  (4) COMPILATION OF A STUDENT LIST;
  (5) SALE OF THE INFORMATION FOR ANY COMMERCIAL PURPOSE; OR
  (6)  ANY  OTHER  PURPOSE  CONSIDERED  BY  THE SCHOOL AS LIKELY TO BE A
COMMERCIAL, FOR-PROFIT ACTIVITY.
  D. IN MAKING AN ALLOWABLE DISCLOSURE UNDER THIS SUBDIVISION, A  SCHOOL
MAY  ONLY DISCLOSE THE MINIMUM AMOUNT OF INFORMATION NECESSARY TO ACCOM-
PLISH THE PURPOSE OF THE DISCLOSURE.
  S 6. This act shall take effect July 1, 2017 and shall apply to school
years beginning with the 2017-2018 academic year.

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