Md. Code Regs. 14.36.04.06

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.36.04.06 - Individual Records

A. The Center receives data from data partners in accordance with its mandated responsibilities as set forth in Education Article, § 24-701, et seq., Annotated Code of Maryland.

B. Individual Student Records.

(1) The Center shall maintain education records that are incorporated into the Maryland Longitudinal Data System consistent with the protections established by the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232 g, as amended, and its accompanying regulations, located at 34 CFR § 99, as amended, which are incorporated by reference.

(2) As set forth in Education Article, § 24-703(f)(3) -(4) and (h)(3), Annotated Code of Maryland, the Center shall:

(a) Only use de-identified aggregate data in its research and reporting; and

(b) Suppress data that may be identifiable based on the size or uniqueness of the population under consideration.

(3) The Center shall restrict direct access to the data in the Maryland Longitudinal Data System to authorized staff of the Center as set forth in Education Article, § 24-703(g), Annotated Code of Maryland.

(4) The Center shall direct requests for access to individual student records to the agency supplying the records to the Center for consideration under the Maryland Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland, and any and all applicable State and federal statutes and regulations.

C. Individual Workforce Records.

(1) The Center recognizes that workforce records incorporated into the Maryland Longitudinal Data System are protected under Labor and Employment Article, § 8-625, Annotated Code of Maryland, and 20 CFR Part 603, which are incorporated by reference, and other State and federal privacy laws.

(2) The Center shall ensure that workforce data is de-identified by removing or not disclosing any and all information that:

(a) Reveals the name, address, social security number, or any other identifying particular of an individual or employer; or

(b) Could foreseeably be combined with other publicly available information to reveal such particulars.

(3) The Center shall use only de-identified aggregate data in its research and reporting as set forth in Education Article, §§ 24-703(f)(3) and (g)(3), Annotated Code of Maryland.

(4) The Center shall restrict direct access to the data in the Maryland Longitudinal Data System to authorized staff of the Center as set forth in Education Article, § 24-703(g), Annotated Code of Maryland.

(5) Requests for access to individual workforce records shall be directed to the Maryland Department of Labor, Licensing, and Regulation for that agency's consideration under the Maryland Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland, and any and all applicable State and federal statutes and regulations.

D. The Center shall fulfill data requests made pursuant to Education Article, § 24-703(f)(6) and (7), Annotated Code of Maryland:

(1) Using de-identified aggregate data only, as set forth in Education Article, § 24-703(g)(2) and (3), Annotated Code of Maryland; and

(2) In compliance with:

(a) The privacy and confidentiality provisions of the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232 g, as amended, and its accompanying regulations, located at 34 CFR § 99, as amended;

(b) The Federal-State Unemployment Compensation Program (UC), 20 CFR Part 603, and Labor and Employment Article, § 8-625, Annotated Code of Maryland; and

(c) Any other applicable State or federal data privacy or confidentiality provisions.

E. The Center shall deny a data request if the data provided may be identifiable based on the size or uniqueness of the population under consideration, as required under Education Article, § 24-703(a)(4), and Labor and Employment Article, § 8-625, Annotated Code of Maryland, and 20 CFR Part 603.

Md. Code Regs. 14.36.04.06

Regulations .06 adopted effective 42:1 Md. R. 17, eff.1/19/2015; amended and recodified from .07 effective 45:4 Md. R. 207, eff. 2/26/2018; amended effective 51:20 Md. R. 899, eff. 10/14/2024.