Law / United States / 
West Virginia
Student data governance: the data governance manager the state superintendent must appoint under the Student Data Accessibility, Transparency and Accountability Act
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Governance, DPIA, Reporting
What it requires
- If you are the West Virginia state superintendent of schools, appoint a data governance manager with primary responsibility for the Department of Education's privacy policy (section 18-2-5h(f)).
- Through the data governance manager, assure that technologies sustain privacy protections and that student data in the student data system is handled in full compliance with the Act, FERPA and other state and federal privacy laws, and evaluate legislative and regulatory proposals involving the collection, use and disclosure of student data (section 18-2-5h(f)(1) to (3)).
- Conduct a privacy impact assessment on proposed rules of the state board and the Department, covering the type of personal information collected and the number of students affected (section 18-2-5h(f)(4)).
- Coordinate with the general counsel and others so that civil rights, civil liberties and privacy considerations are addressed together, and engage stakeholders on the quality, usefulness, openness and privacy of data (section 18-2-5h(f)(5) and (8)).
- Report to the Legislature annually on Department activities that affect privacy, including complaints of privacy violations and internal controls, and establish department-wide policies implementing the Fair Information Practice Principles (section 18-2-5h(f)(6) and (7)).
- Establish and operate a department-wide Privacy Incident Response Program so that incidents are properly reported, investigated and mitigated (section 18-2-5h(f)(9)).
- Operate a process for parents to file complaints of privacy violations and a process to collect and respond to complaints and provide redress, and provide privacy training, education and outreach across the Department (section 18-2-5h(f)(10) to (12)).
These lines are LexLint's reading of the law's text.
What this law does
Section 18-2-5h(f) requires the state superintendent to appoint a data governance manager, who reports to and is under the general supervision of the state superintendent and has primary responsibility for privacy policy. The manager's responsibilities include assuring that the use of technologies sustains privacy protections and that student data in the student data system is handled in full compliance with the Act, FERPA and other state and federal privacy laws.
They also include conducting a privacy impact assessment on proposed rules of the state board and the Department, including the type of personal information collected and the number of students affected. They also include preparing an annual report to the Legislature on Department activities that affect privacy, including complaints of privacy violations and internal controls, and establishing department-wide policies to implement the Fair Information Practice Principles.
They also include establishing and operating a department-wide Privacy Incident Response Program so that incidents are properly reported, investigated and mitigated, a process for parents to file complaints of privacy violations, and a process to collect and respond to complaints and provide redress. The Legislature created the section by House Bill 4316 of the 2014 Regular Session, effective ninety days from passage on .
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