Current through Register Vol. 51, No. 19, September 20, 2024
A. The
Center receives data from the Maryland State Department of Education, Maryland
Higher Education Commission, and Department of Labor, Licensing, and Regulation
in accordance with its mandated responsibilities as set forth in Education
Article, §
24-701, et seq., Annotated
Code of Maryland.
B. Individual
Student Records.
(1) The Center shall
maintain education records that are incorporated into the Maryland Longitudinal
Data System consistent with the protections established by the Family
Educational Rights and Privacy Act,
20 U.S.C. §
1232 g, as amended, and its accompanying
regulations, located at 34 CFR § 99, as amended, which are incorporated by
reference.
(2) The Center shall use
only de-identified aggregate data in its research and reporting as set forth in
Education Article, §§
24-703(f)(3)
and (g)(3), Annotated Code of Maryland.
(3) The Center shall restrict direct access
to the data in the Maryland Longitudinal Data System to authorized staff of the
Center as set forth in Education Article, §
24-703(g),
Annotated Code of Maryland.
(4) The
Center shall direct requests for access to individual student records to the
agency supplying the records to the Center for consideration under the Maryland
Public Information Act, General Provisions Article, Title 4, Annotated Code of
Maryland, and any and all applicable State and federal statutes and
regulations.
C.
Individual Workforce Records.
(1) The Center
shall recognize that workforce records incorporated into the Maryland
Longitudinal Data System are protected under Labor and Employment Article,
§
8-625, Annotated
Code of Maryland, and 20 CFR part 603, which are incorporated by reference, and
other State and federal privacy laws.
(2) The Center shall ensure that workforce
data is de-identified by removing or not disclosing any and all information
that:
(a) Reveals the name, address, social
security number, or any other identifying particular of an individual or
employer; or
(b) Could foreseeably
be combined with other publicly available information to reveal such
particulars.
(3) The
Center shall use only de-identified aggregate data in its research and
reporting as set forth in Education Article, §§
24-703(f)(3)
and (g)(3), Annotated Code of Maryland.
(4) The Center shall restrict direct access
to the data in the Maryland Longitudinal Data System to authorized staff of the
Center as set forth in Education Article, §
24-703(g),
Annotated Code of Maryland.
(5)
Requests for access to individual workforce records shall be directed to the
Maryland Department of Labor, Licensing, and Regulation for that agency's
consideration under the Maryland Public Information Act, General Provisions
Article, Title 4, Annotated Code of Maryland, and any and all applicable State
and federal statutes and regulations.
D. The Center shall fulfill data requests
made pursuant to Education Article, §
24-703(f)(6)
and (7), Annotated Code of Maryland:
(1)
Using de-identified aggregate data only, as set forth in Education Article,
§
24-703(g)(2)
and (3), Annotated Code of Maryland; and
(2) In compliance with:
(a) The privacy and confidentiality
provisions of the Family Educational Rights and Privacy Act,
20 U.S.C. §
1232 g, as amended, and its accompanying
regulations, located at 34 CFR § 99, as amended;
(b) The Federal-State Unemployment
Compensation Program (UC), 20 CFR Part 603, and Labor and Employment Article,
§
8-625, Annotated
Code of Maryland; and
(c) Any
other applicable State or federal data privacy or confidentiality provisions.
E. The
Center shall deny a data request if the data provided may be identifiable based
on the size or uniqueness of the population under consideration, as required
under Education Article, §
24-703(a)(4),
and Labor and Employment Article, §
8-625, Annotated
Code of Maryland, and 20 CFR Part 603.
