[CASL-L] FW: Data Privacy Flexibilities Ending January 31

[Casey, Doug]

Good evening,

I have received a few inquiries about the student data privacy flexibilities. I shared the update below earlier and realize I should have sent it to the CASL list as well. Please note: The law has never required custom agreements for every app and every district. It only stipulates that districts and vendors have a "written contract" including terms that meet Connecticut's requirements. Please see my note below for details that should hopefully minimize compliance efforts on the part of districts.

Best,

Doug

From: Casey, Doug <Doug.Casey at ct.gov>
Sent: Monday, September 28, 2020 1:05 PM
To: CT K-12 EdTech Listserv (CET_K-12_EDTECH at list.ct.gov) <CET_K-12_EDTECH at list.ct.gov>
Cc: Gopalakrishnan, Ajit <Ajit.Gopalakrishnan at ct.gov>
Subject: Data Privacy Flexibilities Ending January 31

Good afternoon, everyone.

Governor Lamont has issued Executive Order 9D, which ends on January 31, 2021, the flexibilities around educational technology contracts:

https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-Order-No-9D.pdf#page=2

Commissioner Cardona described those flexibilities in his memo from March 23:

https://portal.ct.gov/-/media/SDE/Digest/2019-20/March-23-2020-Cmmr-Memo-Data-Privacy-Flexibilities-EO7i.pdf

NOTE: You should always seek guidance regarding the interpretation of statute from your district's counsel. Those school law attorneys whom I have spoken with underscore that, even after the flexibilities end, the law (CGS §§ 10-234aa - dd<https://www.cga.ct.gov/current/pub/chap_170.htm#sec_10-234aa>) does not obligate districts to craft customized, individualized language in every provider contract. The statutes simply require districts to "enter into a written contract" [10-234bb(1)] when they provide companies with access to personally identifiable student data. But this can come in many forms, including adherence to standard terms shared by the company that comply with Connecticut's privacy law. This guidance does not account for possible additional terms that your local Board contracting policies may require in addition to those spelled out in State statute. Again, consult your district counsel and policy manual regarding such matters.

Regards,

Doug

________________________________
Doug Casey | Executive Director
Connecticut Commission for Educational Technology
Department of Administrative Services
55 Farmington Avenue
Hartford, CT 06105
doug.casey at ct.gov<mailto:doug.casey at ct.gov>
Office: (860) 622-2224
www.CT.gov/CTEdTech<http://www.CT.gov/CTEdTech>
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