Law / United States /
Kentucky
Kentucky Longitudinal Data System: data certification, de-identification, access limits and privacy-law compliance for education and workforce data
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Governance, Security
- Audit expectation
- none
What it requires
- If you are a public agency providing data to the Kentucky Longitudinal Data System (the Council on Postsecondary Education, the Department of Education or another agency the section names), certify that the data you provide is accurate; you keep ownership of the data (KRS 151B.132(4) and (7)).
- If you are a private institution of higher education, private school or parochial school that the board has approved to provide data to the Kentucky Longitudinal Data System, certify that the data you provide is accurate; you keep ownership of the data (KRS 151B.132(6) and (7)).
- If you are the Office of the Kentucky Center for Statistics, develop de-identification standards and processes using modern statistical methods, and establish data quality standards (KRS 151B.133(2) and (9)).
- Ensure compliance with the federal Family Educational Rights and Privacy Act and all other relevant federal and state privacy laws (KRS 151B.133(11)).
- Enter into contracts or other agreements only if they incorporate adequate protections with respect to the confidentiality of any information to be shared (KRS 151B.133(14)).
- Restrict direct access to data in the system to authorized staff of the office, do not report data that may make an individual or employer identifiable based on the size or uniqueness of the population, and do not release data if federal or state privacy law prohibits disclosure (KRS 151B.134(3)(a)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
The office has to oversee and maintain the data warehouse, ensure privacy-law compliance and restrict access under the board's policy. The sections require no log, no record of access and no retention period, and name no territorial hook.
- Kind
- None
- As of
What this law does
The Office of the Kentucky Center for Statistics collects data in the Kentucky Longitudinal Data System in order to link the data and generate timely reports about student performance through employment. Any private institution of higher education, private school, or parochial school may provide data to the system on the board's approval.
Any data provided to the system must be certified to be accurate by the providing agency, institution, or school, and the providing entity retains ownership of the data. The office must develop de-identification standards and processes using modern statistical methods. The office must ensure compliance with the federal Family Educational Rights and Privacy Act and all other relevant federal and state privacy laws.
The office may enter into contracts or other agreements only if they incorporate adequate protections with respect to the confidentiality of any information to be shared. The board of the Kentucky Center for Statistics must develop a data access and use policy that restricts direct access to data in the system to authorized staff of the office.
The policy bars the office from reporting data that may result in any individual or employer being identifiable based on the size or uniqueness of the population under consideration. KRS 151B.133 took effect on .
When LexLint raises it
When your app profile says your app serves schools or universities.
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