Page:United States Statutes at Large Volume 121.djvu/692

 PUBLIC LAW 110–69—AUG. 9, 2007

121 STAT. 671

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(I) does not permit a student to be individually identified by users of the system; and (II) is retained throughout the student’s enrollment in P–16 education in the State; and (ii) meets the requirements of subparagraphs (B) through (E). (B) IMPROVEMENT OF EXISTING SYSTEM.—Each State that receives a grant under subsection (c)(2) for the improvement of a statewide P–16 education data system may employ, coordinate, or revise an existing statewide data system to establish a statewide longitudinal P–16 education data system that meets the requirements of subparagraph (A), if the statewide longitudinal P–16 education data system produces valid and reliable data. (C) PRIVACY AND ACCESS TO DATA.— (i) IN GENERAL.—Each State that receives a grant under subsection (c)(2) shall implement measures to— (I) ensure that the statewide P–16 education data system meets the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the Family Educational Rights and Privacy Act of 1974); (II) limit the use of information in the statewide P–16 education data system by institutions of higher education and State or local educational agencies or institutions to the activities set forth in paragraph (1) or State law regarding education, consistent with the purposes of this subtitle; (III) prohibit the disclosure of personally identifiable information except as permitted under section 444 of the General Education Provisions Act and any additional limitations set forth in State law; (IV) keep an accurate accounting of the date, nature, and purpose of each disclosure of personally identifiable information in the statewide P– 16 education data system, a description of the information disclosed, and the name and address of the person, agency, institution, or entity to whom the disclosure is made, which accounting shall be made available on request to parents of any student whose information has been disclosed; (V) notwithstanding section 444 of the General Education Provisions Act, require any non-governmental party obtaining personally identifiable information to sign a data use agreement prior to disclosure that— (aa) prohibits the party from further disclosing the information; (bb) prohibits the party from using the information for any purpose other than the purpose specified in the agreement; and (cc) requires the party to destroy the information when the purpose for which the disclosure was made is accomplished; (VI) maintain adequate security measures to ensure the confidentiality and integrity of the

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