§ 2-d. Unauthorized release of personally identifiable information. 1.\nDefinitions. As used in this section the following terms shall have the\nfollowing meanings:\n a. "Building principal" means a building principal subject to annual\nperformance evaluation review under the provisions of section three\nthousand twelve-c, section three thousand twelve-d, or section three\nthousand twelve-e of this chapter.\n b. "Classroom teacher" means a teacher subject to annual performance\nevaluation review under the provisions of section three thousand\ntwelve-c, section three thousand twelve-d, or section three thousand\ntwelve-e of this chapter.\n c. "Educational agency" means a school district, board of cooperative\neducational services, school, or the education department.\n d. "Personally identifiable information," as applied to student data,\nmeans personally identifiable information as defined in section 99.3 of\ntitle thirty-four of the code of federal regulations implementing the\nfamily educational rights and privacy act, section twelve hundred\nthirty-two-g of title twenty of the United States code, and, as applied\nto teacher or principal data, means "personally identifying information"\nas such term is used in subdivision ten of section three thousand\ntwelve-c of this chapter.\n e. "School" means any public elementary or secondary school, universal\npre-kindergarten program authorized pursuant to section thirty-six\nhundred two-e of this chapter, an approved provider of preschool special\neducation, any other publicly funded pre-kindergarten program, a school\nserving children in a special act school district as defined in section\nfour thousand one of this chapter, an approved private school for the\neducation of students with disabilities, a state-supported school\nsubject to the provisions of article eighty-five of this chapter, or a\nstate-operated school subject to the provisions of article eighty-seven\nor eight-eight of this chapter.\n f. "Student" means any person attending or seeking to enroll in an\neducational agency.\n g. "Eligible student" means a student eighteen years or older.\n h. "Parent" means a parent, legal guardian, or person in parental\nrelation to a student.\n i. "Student data" means personally identifiable information from\nstudent records of an educational agency.\n j. "Teacher or principal data" means personally identifiable\ninformation from the records of an educational agency relating to the\nannual professional performance reviews of classroom teachers or\nprincipals that is confidential and not subject to release under the\nprovisions of section three thousand twelve-c of this chapter.\n k. "Third party contractor" shall mean any person or entity, other\nthan an educational agency, that receives student data or teacher or\nprincipal data from an educational agency pursuant to a contract or\nother written agreement for purposes of providing services to such\neducational agency, including but not limited to data management or\nstorage services, conducting studies for or on behalf of such\neducational agency, or audit or evaluation of publicly funded programs.\nSuch term shall include an educational partnership organization that\nreceives student and/or teacher or principal data from a school district\nto carry out its responsibilities pursuant to section two hundred\neleven-e of this title and is not an educational agency as defined in\nparagraph c of this subdivision, and a not-for-profit corporation or\nother non-profit organization, other than an educational agency.\n 2. Chief privacy officer. a. The commissioner shall appoint a chief\nprivacy officer within the department for a term of three years, which\nmay be renewed for three-year terms thereafter. The chief privacy\nofficer shall be qualified by training or experience in state and\nfederal education privacy laws and regulations, civil liberties,\ninformation technology, and information security. The chief privacy\nofficer
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