Sec. 3. Release of personally identifiable information
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Section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act ) ( 20 U.S.C. 1232g ), as amended by section 2, is further amended— in subsection (b)— in paragraph (1)— in subparagraph (A), by striking other school officials, including teachers and inserting employees and other school officials, including teachers, under the direct control of ; in subparagraph (C), by striking authorized representatives of each place the term appears and inserting authorized representatives under the direct control of ; by striking subparagraph (F); and by redesignating subparagraphs
(G)through
(K)as subparagraphs
(F)through (J), respectively; in paragraph (2)— in the matter preceding subparagraph (A), by striking any personally identifiable information through directory information, and inserting any student data, including personally identifiable information (other than directory information) that is not first aggregated, anonymized, and de-identified ; by striking subparagraph
(A)and inserting the following: the educational agency or institution meets the requirements of paragraph
(8)with respect to the student data, including providing notice and obtaining parental consent; or ; and in subparagraph (B), by striking (1)(J) and inserting (1)(I) ; in paragraph (3)— by striking authorized representatives of and inserting authorized representatives under the direct control of ; by inserting administered by State or local public educational agencies or institutions after Federally-supported education programs ; and by inserting before the period at the end the following: : ; Provided further , That notice is provided, and consent is obtained, from the parents consistent with paragraph
(8)in paragraph (4)(B)— by inserting and consistent with the requirements of paragraph
(8)after student ; by inserting or paragraph
(8)after paragraph (2)(A) ; and by inserting (as in effect on the day before the date of enactment of the after Student Privacy Protection Act ) paragraph (1)(F) ; in paragraph (5)— by inserting administered by a State or local public educational agency or institution after supported education program ; and by striking the proviso and inserting both provisos ; and by adding at the end the following: No funds provided to the Department or under any applicable program may be provided to any educational agency or institution that appends any student data with personally identifiable information obtained from Federal or State agencies through data matches. Notwithstanding any other provision of law, the Secretary shall not append any student data of a student with personally identifiable information obtained from Federal or State agencies through data matches. Notwithstanding paragraph
(1)or any other provision of this section (not including paragraph (6)), no funds provided to the Department or under any applicable program may be provided to an educational agency (including a State educational agency) or institution that allows any third party (including any contractor or other person acting under direct control of the agency or institution) to access student data of students, including personally identifiable information and directory information, unless— the agency or institution receives consent from the parents of the student for the student data to be made available to the third party; prior to receiving the consent described in subparagraph (A), the agency or institution provides the parents with notice, not less than 30 days before the records would be provided to such outside party if consent is obtained, that informs the parent— of the student data that would be accessed; that the student data will only be made available if the parent consents; that the parent have the ability, under subsection (a), to access the student data of their students held by the agency or institution or outside party, and a description of the process to make corrections for inaccurate data; and that the agency or institution and the outside party are liable for any violation of this section and that the remedies described in subsection
(k)are available; the agency or institution, and the third party, have in place methods sufficient to ensure that a reasonable person could not use any of the data provided to determine the identity of the student, by itself or when combined with other publicly available information; the agency or institution requires that all student data remain the property of the agency or institution and that any student data, including data made available through the Internet or data hosted by a third party service provider, is destroyed when the individual is no longer a student served by the agency or institution; and the third party agrees, as a condition of receiving such access, to be liable for any violation of this section, including civil liability under subsection (k). No funds provided to the Department or to an applicable program may be used to track children or for career tracking. Student data shall not be used for or from State longitudinal data programs, including prekindergarten through grade 20 ( P–20 ) workforce programs, unless the student data is first aggregated, anonymized, and de-identified. In this paragraph: The term track shall mean to collect and maintain records of a student’s activities through the student's educational career, beginning in preschool and including postsecondary education, and the student’s entrance into, and progression through, the workforce or the military. The term career tracking shall mean any effort to obligate an elementary school or secondary school student to involuntarily select a career, career interest, employment goals, or related job training via any curriculum, instruction, employment-related activity, survey, test, assessment, or data collection. Nothing in this section shall be construed to allow the Secretary, the Attorney General, or the head of any other Federal agency to provide any outside party access to student data, or personally identifiable information in student data, that has not first been aggregated, anonymized, and de-identified. Nothing in this section shall be construed to authorize the collection, storage, sharing, or use, in any manner, of student data, including personally identifiable information of students, for the development or improvement of products or services, unless the student data has first been aggregated, anonymized, and de-identified. Nothing in this section shall be construed to authorize the collection, storage, sharing, or use, in any manner, of student data, including personally identifiable information, to support or inform a national or interstate database of student data or the linking of State longitudinal databases, unless the student data has been aggregated, anonymized, and de-identified. .
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Sec. 3
Release of personally identifiable information
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