New York regulations

8 NYCRR 121.4

State Education Department

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Complaints of breach or unauthorized release of personally identifiable information

Complaints of breach or unauthorized release of personally identifiable information

Compiled text through Aug 15, 2021

Register checked through Jul 29, 2026

Later Register activity found — review the notice before relying on the compiled text.

Dates and status
Compiling agency
State Education Department
Text status
Later rule activity found; update pending
Compiled text through
Aug 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
EDU-42-25-00015-A · Adopted rule · Feb 25, 2026
Source snapshot
Jun 5, 2026
(a)Each educational agency must establish and communicate to parents, eligible students, teachers, principals or other staff of an educational agency, its procedures for them to file complaints about breaches or unauthorized releases of student data and/or teacher or principal data.
(b)The complaint procedures must require educational agencies to promptly acknowledge receipt of complaints, commence an investigation, and take the necessary precautions to protect personally identifiable information.
(c)Following its investigation of a submitted complaint, the educational agency shall provide the parent or eligible student, teacher, principal or any other staff member of the educational agency who filed a complaint with its findings within a reasonable period but no more than 60 calendar days from the receipt of the complaint by the educational agency. Where the educational agency requires additional time, or where the response may compromise security or impede a law enforcement investigation, the educational agency shall provide the parent, eligible student, teacher, principal or any other staff member of the educational agency who filed a complaint with a written explanation that includes the approximate date when the educational agency anticipates that it will respond to the complaint.
(d)Educational agencies may require complaints to be submitted in writing.
(e)Educational agencies must maintain a record of all complaints of breaches or unauthorized releases of student data and their disposition in accordance with applicable data retention policies, including the Records Retention and Disposition Schedule ED-1 (1988; rev. 2004), as set forth in section 185.12, Appendix I of this Title.

State Register activity

2 rulemakings · 5 notices

  1. National Institute of Standards and Technology (NIST) Cyberse- curity Framework (CSF).

    EDU-42-25-00015State Education Department

    1. Adopted ruleEDU-42-25-00015-A

      Amendment of sections 121.1, 121.4 and 121.5 of Title 8 NYCRR.

    2. Proposed ruleEDU-42-25-00015-P

      Amendment of sections 121.1, 121.4 and 121.5 of Title 8 NYCRR.

  2. Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information.

    EDU-05-19-00008State Education DepartmentPart-level action

    The Register recorded this action against the whole Part, which includes this section (8 NYCRR Part 121).

    1. Adopted ruleEDU-05-19-00008-A

      Addition of Part 121 to Title 8 NYCRR.

    2. Revised rulemakingEDU-05-19-00008-RP

      Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information. 26 [[PAGE 33]] Rule Making Activities

      Addition of Part 121 to Title 8 NYCRR.

    3. Proposed ruleEDU-05-19-00008-P

      Protecting Personally Identifiable Information.

      Addition of Part 121 to Title 8 NYCRR.

Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

State Register notices matched to this citation. This is Register status evidence, not compiled regulation text: a notice does not by itself amend the text shown here.

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