(a) For purposes of this section:
(1) “Data” means statistical or factual information that: (A) is reflected in a list, table, graph, chart, or other nonnarrative form that can be digitally transmitted or processed; (B) is regularly created and maintained by or on behalf of an executive agency; and (C) records a measurement, transaction or determination related to the mission of the executive agency or is provided to such agency by any third party as required by any provision of law. “Data” does not include return and return information, as defined in section 12-15;
(2) “Executive agency” means any agency with a department head, as defined in section 4-5, a constituent unit of higher education, as defined in section 10a-1, or the Office of Higher Education, established by section 10a-1d; and
(3) “State agency” means any office, department, board, council, commission, institution, constituent unit of the state system of higher education, technical education and career school or other agency in the executive, legislative or judicial branch of state government.
(b) The Secretary of the Office of Policy and Management shall develop a program to access, link, analyze and share data maintained by executive agencies and to respond to queries from any state agency, and from any private entity or person that would otherwise require access to data maintained by two or more executive agencies. The secretary shall give priority to queries that seek to measure outcomes for state-funded programs or that may facilitate the development of policies to promote the effective, efficient and best use of state resources.
(c) The secretary shall establish policies and procedures to:
(1) Review and respond to queries to ensure (A) a response is permitted under state and federal law; (B) the privacy and confidentiality of protected data can be assured; and (C) the query is based on sound research design principles; and
(2) Protect and ensure the security, privacy, confidentiality and administrative value of data collected and maintained by executive agencies.
(d) The secretary shall, in consultation with the Chief Information Officer, develop and implement a secure information technology solution to link data across executive agencies and to develop and implement a detailed data security and safeguarding plan for the data accessed or shared through such solution.
(e) The secretary shall request from, and execute a memorandum of agreement with, each executive agency detailing data-sharing between the agency and the Office of Policy and Management. Each such agreement shall authorize the Office of Policy and Management to act on behalf of the executive agency that is a party to such agreement for purposes of data access, matching and sharing and shall include provisions to ensure the proper use, security and confidentiality of the data shared. Any executive agency that is requested by the secretary to execute such an agreement shall comply with such request.
(f) The secretary shall notify the applicable executive agency when data within such agency's custody has been requested under subsection (b) of this section.
(g) The Labor Department, upon the request of the Secretary of the Office of Policy and Management, shall furnish unemployment compensation records maintained by the Labor Commissioner pursuant to chapter 567, for purposes of this section. Nothing in this subsection shall be construed as limiting the secretary's authority to request or receive information from the Labor Department.
(h) For the purposes of the Freedom of Information Act, as defined in section 1-200, the Office of Policy and Management shall not be considered the agency with custody or control of any public records or files that are made accessible to said office pursuant to this section, but shall be considered the agency with custody and control of any public records or files created by the Office of Policy and Management, including, but not limited to, all reports generated by said office in response to queries posed under subsection (b) of this section.
(P.A. 15-142, S. 4; P.A. 16-169, S. 17; P.A. 17-237, S. 28.)
History: P.A. 15-142 effective July 1, 2015; P.A. 16-169 amended Subsec. (g) by deleting provision re Secretary of the Office of Policy and Management as authorized representative of Labor Commissioner or administrator of unemployment compensation, adding provision re secretary's authority to request or receive information from Labor Department, and making technical changes; P.A. 17-237 amended Subsec. (a)(3) by replacing “technical high school” with “technical education and career school”, effective July 1, 2017.