LCO No. 5375 1 of 7 General Assembly Raised Bill No. 1186 January Session, 2023 LCO No. 5375 Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS Introduced by: (GAE) AN ACT CONCERNING DATA GOVERNANCE AND REQUESTS FOR PUBLIC RECORDS INVOLVING THE CONNECTICUT PRESCHOOL THROUGH TWENTY AND WORKFORCE INFORMATION NETWORK. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (b) of section 4-67n of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective October 2 1, 2023): 3 (b) The Secretary of the Office of Policy and Management shall 4 develop a program to access, link, analyze and share data maintained 5 by executive agencies and to respond to queries from any state agency, 6 and from any private entity or person that would otherwise require 7 access to data maintained by two or more executive agencies. The 8 secretary shall give priority to queries that seek to measure outcomes 9 for state-funded programs or that may facilitate the development of 10 policies to promote the effective, efficient and best use of state resources. 11 The secretary may create advisory boards to assist with data governance 12 activities under this section. 13 Raised Bill No. 1186 LCO No. 5375 2 of 7 Sec. 2. Section 4-67o of the general statutes is repealed and the 14 following is substituted in lieu thereof (Effective October 1, 2023): 15 As used in this section [,] and sections 2-79e, [and] 4-67p and 4-67z, 16 as amended by this act: 17 (1) "Data" means the final version of statistical or factual information 18 that: (A) Is reflected in a list, table, graph, chart or other non-narrative 19 form that can be digitally or nondigitally transmitted or processed; (B) 20 is regularly created or maintained by, or on behalf of, an executive 21 branch agency; and (C) records a measurement, transaction or 22 determination related to the mission of the agency or is provided to the 23 agency by third parties pursuant to law. 24 (2) "Executive branch agency" means any agency [listed in section 4-25 38c, except the Board of Regents for Higher Education] with a 26 department head, as defined in section 4-5. 27 (3) "High value data" means any data that the department head 28 determines (A) is critical to the operation of an executive branch agency; 29 (B) can increase executive branch agency accountability and 30 responsiveness; (C) can improve public knowledge of the executive 31 branch agency and its operations; (D) can further the core mission of the 32 executive branch agency; (E) can create economic opportunity; (F) is 33 frequently requested by the public; (G) responds to a need and demand 34 as identified by the agency through public consultation; or (H) is used 35 to satisfy any legislative or other reporting requirements. 36 (4) "Open data" means any data that (A) is freely available in 37 convenient and modifiable format and can be retrieved, downloaded, 38 indexed and searched; (B) is formatted in a manner that allows for 39 automated machine processing; (C) does not have restrictions 40 governing use; (D) is published with the finest possible level of detail 41 that is practicable and permitted by law; and (E) is described in enough 42 detail so users of the data have sufficient information to understand (i) 43 the strengths, weaknesses, analytical limitations and security 44 requirements of the data, and (ii) how to process such data. 45 Raised Bill No. 1186 LCO No. 5375 3 of 7 (5) "Public data" means any data collected by an executive branch 46 agency that is permitted to be made available to the public, consistent 47 with any and all applicable laws, rules, regulations, ordinances, 48 resolutions, policies or other restrictions, requirements or rights 49 associated with the data, including, but not limited to, contractual or 50 other legal restrictions, orders or requirements. 51 (6) "Protected data" means any data the public disclosure of which 52 would (A) violate federal or state laws or regulations; (B) endanger the 53 public health, safety or welfare; (C) hinder the operation of the federal, 54 state or municipal government, including criminal and civil 55 investigations; or (D) impose an undue financial, operational or 56 administrative burden on the executive branch agency. "Protected data" 57 includes any records not required to be disclosed pursuant to subsection 58 (b) of section 1-210. 59 Sec. 3. Section 4-67z of the general statutes is repealed and the 60 following is substituted in lieu thereof (Effective October 1, 2023): 61 [(a)] The Chief Data Officer, in consultation with the Attorney 62 General and executive branch agency legal counsel, shall review the 63 legal obstacles to the sharing of high value data of executive branch 64 agencies, inventoried pursuant to section 4-67p, [among] with executive 65 branch agencies and [with] the public. 66 [(b) Not later than January 15, 2020, and annually thereafter, the Chief 67 Data Officer shall submit a report, developed in consultation with the 68 Attorney General, agency data officers and executive branch agency 69 legal counsel, that includes any recommendations on (1) methods to 70 facilitate the sharing of such high value data to the extent permitted 71 under state and federal law, including, but not limited to, the 72 preparation and execution of memoranda of understanding among 73 executive branch agencies, and (2) any necessary legislation, to the 74 Connecticut Data Analysis Technology Advisory Board and the joint 75 standing committee of the General Assembly having cognizance of 76 matters relating to government administration, in accordance with the 77 Raised Bill No. 1186 LCO No. 5375 4 of 7 provisions of section 11-4a. Concomitantly, the Chief Data Officer shall 78 post each such report on the Office of Policy and Management's Internet 79 web site. 80 (c) The report submitted pursuant to subsection (b) of this section 81 shall be consistent with the state data plan, created under section 4-67p. 82 The Chief Data Officer shall update such report annually with 83 additional information concerning the sharing of high value data and 84 any additional recommendations, including any potential fiscal impact 85 of any recommendations.] 86 Sec. 4. Section 10a-57g of the general statutes is repealed and the 87 following is substituted in lieu thereof (Effective October 1, 2023): 88 (a) As used in this section: 89 (1) "Connecticut Preschool through Twenty and Workforce 90 Information Network" or "CP20 WIN" means the Preschool through 91 Twenty and Workforce Information Network maintained in the state. 92 (2) "Data definitions" means the plain language descriptions of data 93 elements. 94 (3) "Data dictionary" means a listing of the names of a set of data 95 elements, their definitions and additional meta-data that does not 96 contain any actual data, but provides information about the data in a 97 data set. 98 (4) "Data elements" mean units of information that are stored or 99 accessed in any data system, such as a student identification number, 100 course code or cumulative grade point average. 101 (5) "Meta-data" means the information about a data element that 102 provides context for that data element, such as its definition, storage 103 location, format and size. 104 (6) "Participating agency" means the Connecticut State Colleges and 105 Universities, Department of Education, Labor Department, the Office of 106 Raised Bill No. 1186 LCO No. 5375 5 of 7 Early Childhood, The University of Connecticut, the Connecticut 107 Conference of Independent Colleges or any entity that has executed an 108 enterprise memorandum of understanding for participation in the CP20 109 WIN and has been approved for participation pursuant to the terms of 110 the enterprise memorandum of understanding. 111 (7) "Preschool through Twenty and Workforce Information Network" 112 or "P20 WIN" means a state data system for the purpose of matching 113 and linking longitudinally data of state agencies and other 114 organizations to inform policy and practice for education, workforce 115 and supportive service efforts, including, but not limited to, the purpose 116 of conducting audits and evaluations of federal and state education 117 programs. 118 (8) "Enterprise memorandum of understandi ng" means a 119 foundational multiparty agreement that sets forth the details of how 120 data is shared and the respective legal rights and responsibilities of each 121 party within the data sharing process, by which the same foundational 122 agreement may be used for new agencies to sign on to the data sharing 123 process and without having to re-sign as agencies sign on or off of such 124 agreement. 125 (b) There is established a Connecticut Preschool through Twenty and 126 Workforce Information Network. The purpose of the CP20 WIN is to 127 establish processes and structures governing the secure sharing of 128 critical longitudinal data across participating agencies through 129 implementation of the standards and policies of the Preschool through 130 Twenty and Workforce Information Network. 131 (c) The CP20 WIN shall be governed by an executive board that shall 132 provide oversight of such network. Said executive board shall include, 133 but need not be limited to, the chief executive officer of each 134 participating agency, or their respective designees, the Chief Workforce 135 Officer, or the officer's designee, and the Secretary of the Office of Policy 136 and Management, or the secretary's designee. The duties of the 137 executive board shall be to: 138 Raised Bill No. 1186 LCO No. 5375 6 of 7 (1) Advance a vision for the CP20 WIN including a prioritized 139 research agenda with support from the Office of Policy and 140 Management. 141 (2) Convene as needed to respond to issues from the data governing 142 board. 143 (3) Identify and work to secure resources necessary to sustain CP20 144 WIN funding. 145 (4) Support system implementation, maintenance and improvement 146 by advocating for the CP20 WIN in regard to policy, legislation and 147 resources. 148 (5) Advocate and support the state's vision for the CP20 WIN. 149 (6) Have overall fiscal and policy responsibility for the CP20 WIN. 150 (7) Ensure that, in any circumstances in which public funds or 151 resources are to be jointly utilized with those from private entities, such 152 arrangements are governed by appropriate agreements approved by the 153 Attorney General. 154 (8) Establish a data governing board to establish and implement 155 policies related to cross-agency data management, including, but not 156 limited to, data confidentiality and security in alignment with the vision 157 for CP20 WIN and any applicable law. In establishing such policies, the 158 data governing board shall consult with the Office of Policy and 159 Management, in accordance with the provisions of section 4-67n, as 160 amended by this act, and other applicable statutes and policies. 161 (d) The executive board established pursuant to this section may 162 appoint advisory committees to make recommendations on data 163 stewardship, data system expansion and processes, and such other areas 164 that will advance the work of CP20 WIN. 165 (e) Any public records or files, as defined in section 1-200, including, 166 but not limited to, data elements of a participating agency shared with 167 Raised Bill No. 1186 LCO No. 5375 7 of 7 another agency pursuant to a CP20 WIN sharing agreement, may only 168 be requested under the Freedom of Information Act, as defined in 169 section 1-200, from the agency which originated such records or files. 170 The Secretary of the Office of Policy and Management shall provide to 171 any person who submits a request for such records or files pursuant to 172 the Freedom of Information Act to the board of CP20 WIN or to an 173 agency that is not the originating agency with the name and address of 174 the originating agency of such records or files. 175 [(e)] (f) On or before January 1, 2022, and annually thereafter, the 176 Chief Workforce Officer may, in consultation with the Chief Data 177 Officer and the Labor Commissioner, submit to the administrator of 178 CP20 WIN a request for data and analysis of such data for the purposes 179 of assessing performance and outcomes of the state's workforce system. 180 Such data and analysis request shall be completed by the administrator 181 of CP20 WIN not later than August 15, 2022, and annually thereafter. 182 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2023 4-67n(b) Sec. 2 October 1, 2023 4-67o Sec. 3 October 1, 2023 4-67z Sec. 4 October 1, 2023 10a-57g Statement of Purpose: To permit the Office of Policy and Management to establish advisory boards for data governance, redefine executive branch agency, delete a requirement for an annual report concerning high value data and require records requests involving CP20 WIN be made to the originating agency. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]