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This page provides information regarding the primary Federal and State laws that regulate or are implicated by the data INK collects. We have also provided an overview of the data protection methodology which guides INK as we secure important educational and workforce-related data.. If you have any specific questions, please feel free to reach out to us via our Contact page.
To maintain privacy and confidentiality of individual records, personally identifiable information must be protected. Any information that makes an individual's identity easily traceable is considered private and confidential. For example, a person's social security number, name, date of birth, etc., are personally identifiable information.
Data on state sites may be summarized or masked to protect the confidentiality of student records. Data may also be suppressed by using categories such as "Other", by combining categories to achieve a larger group size (sometimes called n-size), or by displaying an asterisk in place of data that may reveal the identity of small student populations. Suppression rules vary based on the type of data that are being displayed.
Below is a visual of how data is transferred from partner agencies and made available in a secure manner within the INK system:
Any state agency maintaining a system that contains personal information is subject to the provisions of the Indiana Fair Information Practices Act at I.C. 4-1-6. A state agency is permitted to collect, maintain, and use only that personal information as is relevant and necessary to accomplish a statutory purpose of the agency. Moreover, no personal information regarding political or religious beliefs, affiliations, or activities of an individual are to be included unless expressly authorized by statute or rule promulgated by the Oversight Committee on Public Records. In the case of INK, certain data are statutorily excluded from being obtained or stored in the system: disciplinary records, juvenile delinquency records, criminal records, and medical and health records. IC 4-1-6-8.6(b) states that improper disclosure of confidential information by a state employee is cause for dismissal.
The Federal Educational Rights and Privacy Act of 1974, also known as “FERPA”, is a federal law that governs the confidentiality of student records. This law requires that educational institutions maintain the confidentiality and privacy of personally identifiable information in student records, ensures that each student has access to his or her education records, and provides students with a limited opportunity to correct erroneous content in education records. The U.S. Department of Education has published extensive regulations regarding implementation of FERPA under Title 34, Part 99 of the Code of Federal Regulations. In some instances, data may also be protected by the Parts B and C of the federal Individuals with Disabilities Education Act, also known as "IDEA". Federal regulations regarding implementation of IDEA can be found in Title 34, Part 300 and Title 34, Part 303 of the Code of Federal Regulations. IDEA incorporates all the provisions of FERPA and adds eight additional requirements to safeguard privacy. For a brief overview of the exceptions to these laws that allow for research, please review the following presentation.
Workforce-related data are protected under a variety of federal and state laws. The oldest and most significant of those is Section 303 of the Social Security Act, for which the U.S. Department of Labor has promulgated Title 20, Part 603 of the Code of Federal Regulations. Furthermore, the federal Workforce Innovation and Opportunity Act of 2014 prohibits the disclosure information collected under the auspices of the workforce development system that would “constitute a clearly unwarranted invasion of personal privacy.” Additional requirements are codified in state statute at I.C. 22-4-19-6.
Indiana Office of Technology Information Security Framework (files only accessible on the state's network)