Law / United States /
Wisconsin
Wisconsin statewide student data system and student data sharing agreements
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Contract terms
What it requires
- If you are one of the agencies the section names (the Department of Public Instruction, the Board of Regents of the University of Wisconsin System, the Department of Children and Families, the Department of Workforce Development, the Technical College System Board, or the Wisconsin Association of Independent Colleges and Universities, which is not required to enter the agreement), enter a written agreement that commits the agencies to protect student privacy and comply with laws pertaining to the privacy of student data (Wis. Stat. sec. 115.297(3)(g) and (5)(c)).
- When you disclose personally identifiable student data to the longitudinal data system, to another agency, or to a public or private research organization, do so in connection with a data-sharing agreement that specifies the purpose, scope and duration of the agreement (Wis. Stat. sec. 115.297(4)(b)1.).
- In that agreement, require the recipient to use the personally identifiable student data only for the specified purpose, and describe the specific data access, use and security restrictions with which the recipient will comply (Wis. Stat. sec. 115.297(4)(b)2. and 3.).
- In that agreement, require that the personally identifiable student data be destroyed or returned when no longer needed for the specified purpose or on expiration of the agreement, whichever occurs first; if the disclosure is to a public or private research organization, prohibit the personal identification of any person by individuals other than authorized representatives of the recipient who have legitimate interests in the information (Wis. Stat. sec. 115.297(4)(b)4. and 5.).
- If you are a public or private research organization that receives personally identifiable student data from an agency, the data-sharing agreement must bind you to use it only for the specified purpose, to follow the agreement's access, use and security restrictions, and to destroy or return it when it is no longer needed or the agreement expires (Wis. Stat. sec. 115.297(4)(b)2. to 4.).
These lines are LexLint's reading of the law's text.
What this law does
The agencies the section names are the Department of Public Instruction, the Board of Regents of the University of Wisconsin System, the Department of Children and Families, the Department of Workforce Development, the Technical College System Board and the Wisconsin Association of Independent Colleges and Universities. Student data means information contained in education records as defined in 34 CFR 99.3 and in pupil records as defined in section 118.125(1)(d).
The agencies' written agreement must commit them to protect student privacy and comply with laws pertaining to the privacy of student data. An agency may disclose personally identifiable student data to the longitudinal data system, to another agency, or to a public or private research organization if the disclosure is in connection with a data-sharing agreement that meets five stated requirements.
The Wisconsin Association of Independent Colleges and Universities is not required to enter into the written agreement. The section was created by 2009 Wisconsin Act 59, enacted and published .
When LexLint raises it
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