BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING


          ACR  
          120 (Mark Stone)


          As Introduced  January 19, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Privacy         |9-0  |Chau, Baker,          |                    |
          |                |     |Calderon, Cooper,     |                    |
          |                |     |Dababneh, Gatto,      |                    |
          |                |     |Gordon, Low, Olsen    |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Declares the Legislature's support for the development  
          of safe and secure data sharing between public education, social  
          service, and research entities through the Silicon Valley  
          Regional Data Trust (SVRDT) as it pertains to at-risk, foster,  
          homeless, and justice-involved children and youth and their  
          families.  Specifically, this bill: 


          1)Recognizes that children in California would benefit from a  
            reliable and secure data-sharing environment that would assist  
            social service providers and public education institutions in  








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            best responding to the personal circumstances and needs of  
            students and families and would allow researchers using  
            aggregate data to better support these efforts.
          2)Recognizes that the mission of the SVRDT is to serve as a  
            pilot demonstration site for addressing the needs of diverse  
            communities using a comprehensive data-informed approach that  
            provides quality services and promotes a healthy, safe, and  
            prosperous community while safeguarding sensitive personal  
            data.


          3)Recognizes that improved collaborations between agencies can  
            help address the complex challenges of serving vulnerable  
            California children and their families.


          4)Recognizes that the County of Santa Clara is currently  
            participating in the Foster Vision Project with the Santa  
            Clara County Office of Education to share data about youth  
            between schools and the county in the interest of improving  
            services to foster and juvenile-justice-involved youth with  
            appropriate protections to safeguard sensitive data.


          5)Recognizes that the establishment of information sharing  
            agreements through a tri-county regional data trust utilizing  
            the Santa Clara County Office of Education Data Zone as the  
            hub in partnership with the University of California, Santa  
            Cruz, will help ensure that data systems are interoperable  
            within and across agencies and sectors by adopting common data  
            standards, definitions, and language to best serve the  
            children in those counties.


          6)Recognizes that, in order to safeguard the privacy of  
            California children and families, it is essential that the  
            data trust strictly adhere to existing state and federal law  
            requiring the protection of personal information and data  
            pertaining to students and at-risk youth and follow data  








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            security industry best practices in the interest of protecting  
            California's most vulnerable youth while allowing appropriate  
            data access and sharing.


          7)Declares that the Legislature supports the development of safe  
            and secure data sharing between public education, social  
            service, and research entities through the SVRDT as it  
            pertains specifically to at-risk, foster, homeless, and  
            justice-involved children and youth and their families, in  
            order to better serve, protect, and improve the futures of  
            these Californians.


          FISCAL EFFECT:  None


          COMMENTS:  


          1)Purpose of this bill.  This bill is intended to express the  
            Legislature's support for a regional data-sharing pilot  
            project designed to improve educational and social service  
            outcomes for youths in the foster and criminal justice  
            systems.  This bill is sponsored by the SVRDT. 


          2)The Silicon Valley Regional Data Trust.  The SVRDT's stated  
            mission is to apply "advanced analytics to a regional  
            multi-agency dataset, balancing ethical, privacy, and social  
            policies, to improve services and educational outcomes  
            especially for children of poverty."  


            SVRDT supports data sharing among county agencies, school  
            districts, non-profits and educational technology firms to  
            inform regional policy, practice, and research.  It intends to  
            use the shared data to engage in mining and analysis that will  
            facilitate personalization of learning plans and improvement  








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            of service provision to children of poverty.   


            SVRDT is a pilot project at this stage and has not yet begun  
            operations.  Its Web site does not provide a target start-up  
            date.


            By its own account, SVRDT has not yet developed its guidelines  
            for data privacy, saying that it "will develop guidelines for  
            the Regional Data Trust that define and govern what is  
            allowable under privacy regulations such as [Family  
            Educational Rights and Privacy Act] FERPA, [Health Insurance  
            Portability and Accountability Act] HIPAA, and [Children's  
            Online Privacy Protection Act] COPPA and will develop  
            datasharing agreements that accordingly protect students'  
            privacy and confidentiality."  Nevertheless, student data  
            would remain protected by existing state and federal law once  
            the program begins operation. 




          Support


          Silicon Valley Regional Data Trust (sponsor)




          Opposition


          None on file. 












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          Analysis Prepared by:                                             
                          Hank Dempsey / P. & C.P. / (916) 319-2200  FN:  
          0002711