EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1276*
HOUSE BILL 1276
L2, O4, S1 2lr2513
By: Delegate Attar
Introduced and read first time: February 11, 2022
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Baltimore City Youth Data Hub – Establishment 2
FOR the purpose of establishing the Baltimore City Youth Data Hub for the purpose of 3
promoting well–being of youth and improving access to and cost–efficiency of youth 4
programs; establishing an executive committee and providing for a manager to 5
operate the Baltimore City Youth Data Hub; providing that certain activities of the 6
executive committee and manager are not subject to the Open Meetings Act or the 7
Public Information Act; authorizing certain entities to provide data to the Baltimore 8
City Youth Data Hub; providing for the authorized uses and ownership of the data 9
provided to the Baltimore City Youth Data Hub; establishing certain penalties and 10
immunity under certain circumstances; and generally relating to the Baltimore City 11
Youth Data Hub. 12
BY adding to 13
Article – Local Government 14
Section 31–101 through 31–110 to be under the new title “Title 31. Baltimore City 15
Youth Data Hub” 16
Annotated Code of Maryland 17
(2013 Volume and 2021 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Local Government 21
TITLE 31. BALTIMORE CITY YOUTH DATA HUB. 22
31–101. 23
2 HOUSE BILL 1276
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 1
INDICATED. 2
(B) “AGGREGATE” MEANS TO CORRELATE , LINK, OR ASSOCIATE 3
PERSONALLY IDENTIFIA BLE INFORMATION FROM ONE PROVIDER WITH 4
PERSONALLY IDENTIFIA BLE INFORMATION FROM ANY OTHER PROVIDER I NSIDE 5
THE BALTIMORE CITY YOUTH DATA HUB. 6
(C) “AUTHORIZED PURPOSE ” MEANS AN EVIDENCE –BASED, TESTABLE 7
INQUIRY THAT IS INTE NDED TO YIELD RESULT S THAT FURTHER THE P URPOSE OF 8
THE BALTIMORE CITY YOUTH DATA HUB. 9
(D) “BALTIMORE CITY YOUTH DATA HUB” MEANS AN INTEGRATED , 10
ELECTRONIC DATA MANA GEMENT SYSTEM THAT L INKS DATA ABOUT YO UTH FROM 11
ANY PROVIDER . 12
(E) (1) “DATA” MEANS ANY INFORMATIO N ABOUT A YOUTH . 13
(2) “DATA” INCLUDES NAMES , ADDRESSES, TELEPHONE NUMBERS , 14
DATES OF BIRTH , INFORMATION ON GENDE R, ETHNICITY, AND ENGLISH LANGUAGE 15
PROFICIENCY, FAMILY OR PERSONAL I NCOMES, OTHER FAMILY DATA , SOCIAL 16
SECURITY NUMBERS , STUDENT OR EMPLOYEE IDENTIFICATION NUMBE RS, 17
ENROLLMENT AND ATTEN DANCE DATES , PERFORMANCE INFORMAT ION IN ANY 18
JOBS, INTERNSHIPS, SCHOOLS, OR OTHER PROGRAMS , CURRENT AND PAST HEA LTH 19
INFORMATION , INCLUDING BIRTH WEIG HTS, MATERNAL HEALTH AT BI RTH, AND 20
EXPOSURE TO LEAD , AND INFORMATION ON T HE RECEIPT INDIVIDUA LLY OR BY 21
FAMILY OF WELFARE BE NEFITS. 22
(F) (1) “DATA RECIPIENT” MEANS ANY INDIVIDUAL , AGENCY, OR ENTITY 23
THAT RECEIVES DE –IDENTIFIED DATA FROM THE BALTIMORE CITY YOUTH DATA 24
HUB FOR ANALYSIS , RESEARCH, OR EVALUATION PURPOS ES. 25
(2) “DATA RECIPIENT” INCLUDES THE MANAGER OR A PROVIDER. 26
(G) “DE–IDENTIFIED DATA ” MEANS ANY PERSONALLY IDENTIFIABLE 27
INFORMATION THAT IS PERMANENTLY REMOVED IN A MANNER THAT LEA VES NO 28
REASONABLE BASIS TO BELIEVE THA T THE REMAINING INFO RMATION CAN BE USED 29
TO SUCCESSFULLY LINK THE DE–IDENTIFIED DATA TO A PARTICULAR INDIVIDUA L. 30
(H) “EXECUTIVE COMMITTEE ” MEANS THE BODY THAT PROVIDES VISION , 31
OVERSIGHT, AND LEADERSHIP FOR T HE BALTIMORE CITY YOUTH DATA HUB. 32
HOUSE BILL 1276 3
(I) “MANAGER” MEANS THE NONGOVERNM ENTAL CUSTODIAN OF T HE 1
BALTIMORE CITY YOUTH DATA HUB RESPONSIBLE FOR I TS OPERATION , UPKEEP, 2
AND SECURITY. 3
(J) “PERSONALLY IDENTIFIAB LE INFORMATION ” MEANS ANY DATA THAT , 4
EITHER ALONE OR IN C OMBINATION, WOULD TEND TO ASSOCIATE OR LINK A PIECE 5
OF INFORMATION WITH A PARTICULAR INDIVID UAL IN A MANNER THAT WOULD 6
ALLOW A REASONABLE P ERSON IN THE COMMUNI TY TO IDENTIFY THE P ARTICULAR 7
INDIVIDUAL. 8
(K) “PROVIDER” MEANS: 9
(1) THE MAYOR OF BALTIMORE CITY; 10
(2) THE CITY COUNCIL OF BALTIMORE CITY; 11
(3) THE BALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS ; AND 12
(4) ANY OTHER PUBLIC , QUASI–PUBLIC, OR PRIVATE ENTITY TH AT 13
CONTRIBUTES DATA TO THE BALTIMORE CITY YOUTH DATA HUB. 14
(L) “QUERY” MEANS TO SEARCH , FIND, AND ANALYZE DA TA IN THE 15
BALTIMORE CITY YOUTH DATA HUB. 16
(M) “SECURE” MEANS TO IMPLEMENT A COMPREHENSIVE DATA S ECURITY 17
PROGRAM TO MAINTAIN DATA IN STRICT CONFI DENCE AND PROTECT PE RSONALLY 18
IDENTIFIABLE INFORMA TION AND DE–IDENTIFIED DATA AGGR EGATED THROUGH 19
THE BALTIMORE CITY YOUTH DATA HUB FROM UNAUTHORIZED ACCESS, USE, 20
MODIFICATION , OR DISCLOSURE . 21
(N) “YOUTH” MEANS ANY PERSON UND ER THE AGE OF 21 YEARS WHO: 22
(1) RESIDES IN BALTIMORE CITY; 23
(2) ATTENDS OR GRADUATED FROM AN ELEMENTARY O R SECONDARY 24
SCHOOL IN BALTIMORE CITY; OR 25
(3) PARTICIPATES IN OR G RADUATED FROM ANY YO UTH PROGRAM IN 26
BALTIMORE CITY. 27
31–102. 28
(A) THERE IS A BALTIMORE CITY YOUTH DATA HUB IN BALTIMORE CITY. 29 4 HOUSE BILL 1276
(B) THE PURPOSE OF THE BALTIMORE CITY YOUTH DATA HUB IS: 1
(1) TO PROMOTE THE HEALT H, SAFETY, SECURITY, AND WELL–BEING 2
OF YOUTH; AND 3
(2) TO IMPROVE EQUITABLE ACCESS TO AND THE OV ERALL 4
COST–EFFICIENCY OF PROGRA MS SERVING YOUTH . 5
31–103. 6
(A) THE EXECUTIVE COMMITT EE CONSISTS OF: 7
(1) THE MAYOR OF BALTIMORE CITY, OR THE MAYOR’S DESIGNEE; 8
(2) THE CHIEF EXECUTIVE OFFICER OF THE BALTIMORE CITY 9
PUBLIC SCHOOL SYSTEM, OR THE CHIEF EXECUTIVE OFFICER’S DESIGNEE; AND 10
(3) REPRESENTATIVES FROM OTHER PROVIDERS . 11
(B) THE EXECUTIVE COMMITT EE SHALL: 12
(1) OVERSEE THE BALTIMORE CITY YOUTH DATA HUB; AND 13
(2) APPOINT AND OVERSEE THE MANAGER OF THE BALTIMORE CITY 14
YOUTH DATA HUB. 15
(C) (1) THE EXECUTIVE COMMITT EE SHALL ESTABLISH A N ADVISORY 16
COMMITTEE OF COMMUNI TY STAKEHOLDERS , INCLUDING REPRESENTA TIVES FROM 17
NONPROFIT ORGANIZATI ONS, FAITH–BASED INSTITUTIONS, COMMUNITY RESIDENT 18
ASSOCIATIONS, AND MEMBERS FROM THE LARGER COMMUNITY . 19
(2) THE PURPOSE OF THE AD VISORY COMMITTEE IS TO INCREASE 20
AWARENESS OF AND PRO VIDE FEEDBACK ON THE BALTIMORE CITY YOUTH DATA 21
HUB. 22
31–104. 23
(A) (1) THE BALTIMORE CITY YOUTH DATA HUB AND ANY 24
DE–IDENTIFIED AGGREGATE D DATA ARE NOT PUBLI C OR GOVERNMENT RECO RDS 25
AND ARE NOT SUBJECT TO THE PUBLIC INFORMATION ACT. 26
HOUSE BILL 1276 5
(2) THE PARTICIPATION OF THE MAYOR OF BALTIMORE CITY, THE 1
CHIEF EXECUTIVE OFFICER OF THE BALTIMORE CITY PUBLIC SCHOOL SYSTEM, 2
OR THEIR DESIGNEES I N THE EXECUTIVE COMM ITTEE DOES NOT SUBJE CT THE 3
BALTIMORE CITY YOUTH DATA HUB TO THE PUBLIC INFORMATION ACT OR THE 4
OPEN MEETINGS ACT. 5
(B) (1) THE MANAGER SHALL OPE RATE THE BALTIMORE CITY YOUTH 6
DATA HUB. 7
(2) THE MANAGER SHALL BE A CITY –WIDE ENTITY THAT AIM S TO 8
IMPROVE OUTCOMES FOR YOUTH, WITH A SPECIFIC FOCU S ON YOUTH FROM 9
HISTORICALLY MARGINA LIZED COMMUNITIES . 10
(3) THE MANAGER SHALL AGG REGATE PROMPTLY AND PROPERLY 11
PERSONALLY IDENTIFIA BLE INFORMATION RECE IVED FROM PROV IDERS. 12
(4) IF THE MANAGER CONTRA CTS WITH A TECHNOLOG Y VENDOR OR 13
PROFESSIONAL TO CODE , CREATE, OR ASSIST WITH THE O PERATION OF THE 14
BALTIMORE CITY YOUTH DATA HUB, THE TECHNOLOGY VENDO R OR 15
PROFESSIONAL IS SUBJ ECT TO THE REQUIREME NTS OF THIS TITLE RE LATED TO THE 16
MANAGER. 17
(5) (I) THE MANAGER IS NOT SU BJECT TO THE PUBLIC 18
INFORMATION ACT OR THE OPEN MEETINGS ACT. 19
(II) THE RECORDS FOR WHICH THE MANAGER IS A CUS TODIAN 20
ARE NOT SUBJECT TO T HE PUBLIC INFORMATION ACT. 21
31–105. 22
(A) NOTWITHSTANDING ANY O THER PROVISION OF LAW , ANY STATE OR 23
LOCAL GOVERNMENTAL E NTITY OR PRIVATE OR QUASI–GOVERNMENTAL ENTITY 24
MAY PROVIDE PERSONAL LY IDENTIFIABLE INFO RMATION AND DATA FOR THE 25
BALTIMORE CITY YOUTH DATA HUB. 26
(B) A PROVIDER MAY SUBMIT AND UPDATE PERSONALL Y IDENTIFIABLE 27
INFORMATION AND OTHE R DATA ON A ROLLING OR REAL–TIME BASIS. 28
(C) EACH PROVIDER AND ITS CLIENTS, STUDENTS, OR PARTICIPANTS , AS 29
APPROPRIATE , SHALL RETAIN OWNERSH IP OF: 30
(1) THE DATA PROVIDED BY THE PROVIDER ; AND 31
6 HOUSE BILL 1276
(2) THE DE–IDENTIFIED DATA AND ANY NEW DATA ELEMENT , 1
INCLUDING DERIVATIVE FILES GENERATED AS A RESULT OF THE DATA P ROVIDED 2
BY THE PROVIDER TO T HE BALTIMORE CITY YOUTH DATA HUB. 3
31–106. 4
(A) THE BALTIMORE CITY YOUTH DATA HUB AND MANAGER MAY U SE ONLY 5
AGGREGATED , DE–IDENTIFIED DATA FOR CONDUCTING ANY ANALY SIS, RESEARCH, 6
AND REPORTING TO THE EXECUTIVE COMMITTEE , THE PUBLIC, OR OTHERWISE . 7
(B) DIRECT ACCESS TO PERS ONALLY IDENTIFIABLE INFORMATION IN THE 8
BALTIMORE CITY YOUTH DATA HUB SHALL BE RESTRICT ED TO THE MANAGER AN D 9
THE MANAGER ’S AUTHORIZED STAFF OR CONT RACTORS ONLY FOR AUT HORIZED 10
PURPOSES AND LAWFUL QUALITY CONTROL . 11
(C) ON THE RECEIPT OF DAT A, THE MANAGER OR ITS D ESIGNATED 12
TECHNOLOGY VENDOR SH ALL WORK WITH PROVID ERS TO PROMPTLY EXTR ACT AND 13
UPLOAD THE DATA INTO THE BALTIMORE CITY YOUTH DATA HUB’S DATA 14
MANAGEMENT SYSTEM FO R AGGREGATION AND DE –IDENTIFICATION . 15
(D) IMMEDIATELY AFTER AGG REGATING PERSONALLY IDENTIFIABLE 16
INFORMATION IN THE D ATA MANAGEMENT SYSTE M, THE MANAGER SHALL DE STROY 17
ANY COPIES OF THE PE RSONALLY IDENTIFIABL E INFORMATI ON EXISTING OUTSIDE 18
THE DATA MANAGEMENT SYSTEM IN A MANNER S UCH THAT, AFTER AGGREGATION , 19
THE MANAGER DOES NOT POSSESS OR RETAIN AN Y PERSONALLY IDENTIF IABLE 20
INFORMATION OUTSIDE THE DATA MANAGEMENT SYSTEM. 21
(E) THE BALTIMORE CITY YOUTH DATA HUB MAY NOT USE ITS DATA 22
MANAGEMENT SYSTEM FO R QUERIES TO PRODUCE ANY PERSONALLY IDENT IFIABLE 23
INFORMATION OR REPOR TS THAT CONTAIN ANY PERSONALLY IDENTIFIA BLE 24
INFORMATION . 25
31–107. 26
(A) (1) THE MANAGER SHALL PRO MPTLY REVIEW ANY QUE RY 27
REQUESTED BY A PROVI DER. 28
(2) THE MANAGER MAY RUN QUER IES FOR INDIVIDUALS OR ENTITIES 29
THAT ARE NOT PROVIDE RS. 30
(B) BEFORE APPROVING A QU ERY, THE MANAGER , WITH ASSISTANCE FROM 31
TECHNICAL EXPERTS ID ENTIFIED BY THE EXEC UTIVE COMMITTEE , SHALL CONDUCT 32
AN IN–DEPTH REVIEW OF THE PROPOSED QUERY FO R CONSISTENCY WITH 33 HOUSE BILL 1276 7
AUTHORIZED PURPOSES , ALIGNMENT WITH EVIDE NCE–BASED STANDARDS FOR 1
EQUITABLE, ETHICAL, AND METHODOLOGICALLY APPROPRIATE INQUIRIE S, AND 2
ASSESSMENT OF THE BE NEFITS FOR AND IMPAC T ON THE GREATER BALTIMORE 3
CITY COMMUNITY . 4
(C) BEFORE PROVIDIN G ANY DATA IN RESPON SE TO A QUERY , THE 5
MANAGER SHALL OBTAIN WRITTEN APPROVAL FRO M ANY PROVIDER OF DA TA TO 6
CONFIRM THAT THERE I S NO REASONABLE BASI S TO BELIEVE THAT DE –IDENTIFIED 7
DATA PROVIDED IN RES PONSE TO A QUERY COU LD BE USED BY A DATA RECIPIENT 8
TO SUCCESSFULLY LINK DE –IDENTIFIED DATA TO A PARTICULAR INDIVIDUA L, 9
BASED ON THE SIZE OR UNIQUENESS OF THE PO PULATION UNDER CONSI DERATION 10
IN THE QUERY, OR OTHERWISE . 11
(D) THE MANAGER SHALL ENS URE THAT THE DATA MA NAGEMENT SYSTEM 12
AND PROVIDED DATA AR E SECURE USING SECURITY STANDARDS A ND PROTOCOLS 13
THAT ADDRESS , AT A MINIMUM, DATA SECURITY AND AC CESS, SECURITY INCIDENT 14
AND DISASTER RECOVER Y PROCEDURES , AND RECORDING AND MO NITORING OF 15
SYSTEM ACTIVITY . 16
(E) THE MANAGER SHALL MAI NTAIN APPROPRIATE AD MINISTRATIVE, 17
PHYSICAL, AND TECHNICAL SAFEGU ARDS THAT PROTECT PR IVACY, 18
CONFIDENTIALITY , INTEGRITY, AND AVAILABILITY OF ANY DATA IN COMPLIAN CE 19
WITH THE FEDERAL FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT AND OTHER 20
RELEVANT PRIVACY LAW S AND POLICIES, INCLUDING: 21
(1) THE REQUIR ED USE OF DE–IDENTIFIED DATA IN D ATA RESEARCH 22
AND REPORTING ; 23
(2) THE REQUIRED DISPOSI TION OF DATA THAT IS NO LONGER 24
NEEDED; 25
(3) PROVIDING DATA SECUR ITY, INCLUDING THE CAPACI TY FOR 26
AUDIT TRAILS; 27
(4) PROVIDING FOR THE PE RFORMANCE OF REGULAR AUDITS FOR 28
COMPLIANCE WITH DATA PRIVACY AND SECURITY STANDARDS; AND 29
(5) IMPLEMENTING GUIDELI NES AND POLICIES THA T PREVENT THE 30
REPORTING OF OTHER P OTENTIALLY PERSONALL Y IDENTIFIABLE INFOR MATION. 31
(F) THE MANAGER SHALL ENS URE THAT A QUERY OF THE DATA 32
MANAGEM ENT SYSTEM: 33
8 HOUSE BILL 1276
(1) RESULTS IN DISCLOSUR E OF ONLY AGGREGATED DE–IDENTIFIED 1
DATA OR AGGREGATED D E–IDENTIFIED DATA REPO RTS TO A DATA RECIPI ENT; AND 2
(2) DOES NOT REVEAL PERS ONALLY IDENTIFIABLE INFORMATION TO 3
A DATA RECIPIENT . 4
(G) ON REQUEST, THE MANAGER MAY PROVIDE TECHNICA L ASSISTANCE TO 5
DATA RECIPIENTS REGA RDING DATA RECEIVED FROM THE BALTIMORE CITY YOUTH 6
DATA HUB. 7
(H) (1) THE MANAGER AND ANY D ATA RECIPIENTS MAY N OT: 8
(I) ATTEMPT TO RE –IDENTIFY DE–IDENTIFIED DATA ; OR 9
(II) DISCLOSE, RELEASE, OR REPORT DATA IN ANY F ORM THAT 10
MAY RESULT IN THE RE –IDENTIFICATION OF DE –IDENTIFIED DATA . 11
(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO I NTERFERE WITH 12
A DATA RECIPIENT ’S CONTINUED USE OF O R RELIANCE ON PERSON ALLY 13
IDENTIFIABLE INFORMA TION PROVIDED TO THE BALTIMORE CITY YOUTH DATA 14
HUB. 15
31–108. 16
EACH YEAR, THE BALTIMORE CITY YOUTH DATA HUB SHALL PUBLISH A 17
REPORT THAT IS AVAIL ABLE AND ACCESSIBLE TO THE PUBLIC ON : 18
(1) THE IMPLEMENTATION O F THE DATA MANAGEMEN T SYSTEM, 19
INCLUDING IDENTIFICA TION OF THE SOURCES AND TYPES OF DATA RE CEIVED BY 20
THE BALTIMORE CITY YOUTH DATA HUB FROM EACH PROVIDE R DURING THE 21
IMMEDIATELY PRECEDIN G 12 MONTHS; 22
(2) A DESCRIPTION OF EAC H APPROVED DISCLOSUR E OF DATA BY 23
THE BALTIMORE CITY YOUTH DATA HUB; 24
(3) A LIST OF PUBLICATIO NS AND OTHER REPORTS BASED ON THE 25
BALTIMORE CITY YOUTH DATA HUB DATA; 26
(4) RECOMMENDATIONS AND BEST PRACTICES FOR E NHANCEMENT 27
AND ALIGNMENT OF DAT A COLLECTION AND MAI NTENANCE BY PROVIDER S; AND 28
(5) ANY OTHER INFORMATIO N CONSIDERED APPROPR IATE BY THE 29
EXECUTIVE COMMITTEE . 30 HOUSE BILL 1276 9
31–109. 1
(A) A PERSON, WHETHER ACTING ON BE HALF OF THE MANAGER OR A 2
PROVIDER, WHO OBTAINS , DISCLOSES, OR USES, OR ATTEMPTS TO OBTAI N, 3
DISCLOSE, OR USE IDENTIFIABLE DATA FOR A PURPOSE O THER THAN AGGREGATIO N 4
IN THE BALTIMORE CITY YOUTH DATA HUB IS GUILTY OF A MI SDEMEANOR AND ON 5
CONVICTION IS SUBJEC T TO IMPRISONMENT NO T EXCEEDING 1 YEAR OR A FINE NOT 6
EXCEEDING $1,000 OR BOTH. 7
(B) A PERSON, WHETHER ACTING ON BE HALF OF THE MANAGER OR A 8
PROVIDER, IS CIVILLY LIABLE TO AN INDIVIDUAL FOR AC TUAL DA MAGES, 9
INCLUDING ATTORNEY ’S FEES AND LITIGATIO N COSTS, THAT THE COURT 10
CONSIDERS APPROPRIAT E IF THE COURT FINDS BY CLEAR AND CONVINC ING 11
EVIDENCE THAT THE PE RSON COMMITTED A VIO LATION OF ANY PROVIS ION OF THIS 12
TITLE THAT CAUSED AN Y DAMAGE TO THE INDI VIDUAL. 13
31–110. 14
NOTWITHSTANDING ANY O THER PROVISION OF LA W, AND EXCEPT AS 15
PROVIDED IN § 31–109 OF THIS TITLE, A PROVIDER MAY NOT B E CIVILLY OR 16
CRIMINALLY LIABLE FO R PROVIDING IDENTIFI ABLE DATA TO THE MAN AGER FOR 17
THE SOLE PURPOSE OF INCLUSION IN THE BALTIMORE CITY YOUTH DATA HUB. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 19
1, 2022. 20