Information Security Breach and Notification
The Board of Education
acknowledges the concern regarding the rise in identity theft and the need for
secure networks prompt notification when security breaches occur.
The Board adopts the National Institute for
Standards and Technology Cybersecurity Framework Version 1.1 (NIST CSF) for
data security and protection. The Network Administrator is responsible for
ensuring the BOCES’ systems follow NIST CSF and adopt technologies, safeguards
and practices which align with it. This will include an assessment of the
BOCES’ current cybersecurity state, their target future cybersecurity state,
opportunities for improvement, progress toward the target state, and
communication about cyber security risk.
The Board will designate a Data Protection Officer to be responsible for the implementation of the policies and procedures required in Education Law §2-d and its accompanying regulations, and to serve as the point of contact for data security and privacy BOCES. This appointment will be made at the annual organizational meeting.
To this end, the Board directs the District Superintendent, in accordance with appropriate business and technology personnel, and the Data Protection Officer to establish regulations which address:
= the protections of “personally identifiable information” of student and teachers/principal under Education Law §2-d and Part 121 of the Commissioner of Education;
= the protections of “private information” under State Technology Law §208 and the NY SHIELD Act; and
= procedures to notify persons affected by
breaches or unauthorized access of protected information.
I. Student and Teacher/Principal “Personally Identifiable Information” under Education Law §2-d
PII as applied to student data is as defined in Family Educational Rights and Privacy Act (Policy 5500), which includes certain types of information that could identify a student, and is listed in the accompanying regulation 8635-R. PII as applied to teacher and principal data, means results of Annual Professional Performance Reviews that identify the individual teachers and principals, which are confidential under Education Law §§3012-c and 3012-d, except where required to be disclosed under state law and regulations.
Data Protection Officer will see that every use and disclosure of personally
identifiable information (PII) by the BOCES benefits students and the BOCES
(e.g., improve academic achievement, empower parents and students with
information, and/or advance efficient and effective school operations).
However, PII will not be included in public reports or other documents.
BOCES will protect the confidentiality of student and teacher/principal PII
while stored or transferred using industry standard safeguards and best
practices, such as encryption, firewalls, and passwords. The BOCES will
monitor its data systems, develop incident response plans, limit access to PII
to BOCES employees and third-party contractors who need such access to fulfill
their professional responsibilities or contractual obligations, and destroy PII
when it is no longer needed.
federal laws and regulations provide additional rights regarding
confidentiality of and access to student records, as well as permitted
disclosures without consent, which are addressed in policy and regulation 5500,
no circumstances will the BOCES sell PII. It will not disclose PII for any
marketing or commercial purpose, facilitate its use or disclosure by any other
party for any marketing or commercial purpose, or permit another party to do
so. Further, the BOCES will take steps to minimize the collection,
processing, and transmission of PII.
as required by law or in the case of enrollment data, the BOCES will not report
the following student data to the State Education Department:
1. juvenile delinquency records;
2. criminal records;
3. medical and health records; and
4. student biometric information.
BOCES has created and adopted a Parent’s Bill of Rights for Data Privacy and
Security (see Exhibit 8635-E). It has been published on the BOCES’ website
at www.oncboces.org and can be requested from the BOCES clerk.
B. Third-party Contractors
BOCES will ensure that contracts with third-party contractors reflect that
confidentiality of any student and/or teacher or principal PII be maintained in
accordance with federal and state law and the BOCES data security and privacy
third-party contractor that will receive student data or teacher or principal
1. adopt technologies, safeguards and practices that align with the NIST CSF;
limit internal access to PII to only those employees or sub-contractors that need access to provide the contracted services;
4. not use the PII for any purpose not explicitly authorized in its contract;
5. not disclose any PII to any other party without the prior written consent of the parent or eligible student (i.e.,
students who are eighteen years old or older):
a. except for
authorized representatives of the third-party contractor to the extent they are
carrying out the contract; or
b. unless required by statute or court order and the third party contractor provides notice of disclosure to
the BOCES, unless expressly prohibited.
6. maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of PII in its custody;
7. use encryption to protect PII in its custody; and
8. not sell, use, or disclose PII for any marketing or commercial purpose, facilitate its use or disclosure by others for marketing or
commercial purpose, or permit another party to do so. Third party
contractors may release PII to subcontractors engaged to perform the
contractor’s obligations, but such subcontractors must abide by data protection obligations of state and federal law, and the contract with the
the third-party contractor has a breach or unauthorized release of PII, it will
promptly notify the BOCES in the most expedient way possible without
unreasonable delay but no more than seven calendar days after the breach’s
C. Third-Party Contractors’ Data Security and Privacy Plan
BOCES will ensure that contracts with all third-party contractors include the
third-party contractor’s data security and privacy plan. This plan must be
accepted by the BOCES.
a minimum, each plan will:
1. outline how all state, federal, and local data security and privacy contract requirements over the life of the contract
will be met, consistent with this policy;
2. specify the safeguards and practices it has in place to protect PII;
3. demonstrate that it complies with the requirements of Section 121.3(c) of this Part;
4. specify how those who have access to student and/or teacher or principal data receive or will receive training on the federal and state
laws governing confidentiality of such data prior to receiving access;
5. specify if the third-party contractor will utilize sub-contractors and how it will manage those relationships and contracts to ensure
personally identifiable information is protected;
6. specify how the third-party contractor will manage data security and privacy incidents that implicate personally identifiable
information including specifying any plans to identify breaches and
unauthorized disclosures, and to promptly notify the BOCES;
7. describe if, how and when data will be returned to the BOCES, transitioned to a successor contractor, at the BOCES’ direction, deleted or
destroyed by the third-party contractor when the contract is terminated or
BOCES will provide annual training on data privacy and security awareness to
all employees who have access to student and teacher/principal PII.
breach of the BOCES’ information storage or computerized data which compromises
the security, confidentiality, or integrity of student or teacher/principal PII
maintained by the BOCES will be promptly reported to the Data Protection
Officer, the District Superintendent and the Board of Education.
Data Protection Officer will report every discovery or report of a breach or
unauthorized release of student, teacher or principal PII to the State’s Chief
Privacy Officer without unreasonable delay, but no more than 10 calendar days
after such discovery.
BOCES will notify affected parents, eligible students, teachers and/or
principals in the most expedient way possible and without unreasonable delay,
but no more than 60 calendar days after the discovery of a breach or
unauthorized release or third-party contractor notification.
if notification would interfere with an ongoing law enforcement investigation,
or cause further disclosure of PII by disclosing an unfixed security
vulnerability, the BOCES will notify parents, eligible students, teachers
and/or principals within seven calendar days after the security vulnerability
has been remedied, or the risk of interference with the law enforcement
District Superintendent, in consultation with the Data Protection Officer, will
establish procedures to provide notification of a breach or unauthorized
release of student, teacher or principal PII, and establish and communicate to
parents, eligible students, and BOCES staff a process for filing complaints
about breaches or unauthorized releases of student and teacher/principal PII.
II. “Private Information” under State Technology Law §208
“Private information” is defined in State Technology Law §208, and includes certain types of information, outlined in the accompanying regulation, which would put an individual at risk for identity theft or permit access to private accounts. “Private information” does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation.
breach of the BOCES’ information storage or computerized data which compromises
the security, confidentiality, or integrity of “private information” maintained
by the BOCES must be promptly reported to the District Superintendent and the
Board of Education.
Board directs the District Superintendent, in accordance with appropriate
business and technology personnel, to establish regulations which:
- Identify and/or define the types of private information that is to be kept secure. For purposes of this policy, “private information” does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation;
- Include procedures to identify any breaches of security that result in the release of private information; and
- Include procedures to notify persons affected
by the security breach as required by law.
III. Employee “Personal Identifying Information” under Labor Law § 203-d
Additionally, pursuant to Labor Law §203-d, the BOCES will not communicate employee “personal identifying information” to the general public. This includes social security number, personal electronic email address, Internet identification name or password, parent’s surname prior to marriage, or driver’s license number. In addition, the BOCES will protect employee social security numbers in that such numbers shall not: be publicly posted or displayed, be printed on any ID badge, card or time card, be placed in files with unrestricted access, or be used for occupational licensing purposes. Employees with access to such information shall be notified of these prohibitions and their obligations.
Any breach of the
BOCES’ information storage or computerized data which compromises the security,
confidentiality, or integrity of personal information maintained by the BOCES
shall be promptly reported to the District Superintendent and the Board of
1120, District Records
5500, Student Records
Resources and Data Management
State Technology Law §§201-208
Labor Law §203-d
Education Law §2-d
8 NYCRR Part 121
Adoption date: January 23, 2008
Revised date: October 14, 2015; May 13, 2020