BILL ANALYSIS Ó ACR 120 Page 1 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 ACR 120 Page 2 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 ACR 120 Page 3 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 ACR 120 Page 4 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. ACR 120 Page 5 Analysis Prepared by: Hank Dempsey / P. & C.P. / (916) 319-2200 FN: 0002711