New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter E - Elementary and Secondary Education
Part 121 - Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information
Section 121.3 - Bill of Rights for Data Privacy and Security
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Each educational agency shall publish on its website a parents bill of rights for data privacy and security ("bill of rights") that complies with the provisions of Education Law § 2-d(3).
(b) The bill of rights shall also be included with every contract an educational agency enters with a third-party contractor that receives personally identifiable information.
(c) The bill of rights shall also include supplemental information for each contract the educational agency enters into with a third-party contractor where the third-party contractor receives student data or teacher or principal data. The supplemental information must be developed by the educational agency and include the following information:
(d) Each educational agency shall publish on its website the supplement to the bill of rights for any contract or other written agreement with a third-party contractor that will receive personally identifiable information.
(e) The bill of rights and supplemental information may be redacted to the extent necessary to safeguard the privacy and/or security of the educational agency's data and/or technology infrastructure.