Currently, New York law includes certain protections for and requirements regarding an online service’s collection of student and teacher data. These requirements are found in N.Y. Education Law § 2-d. Under this law, “student data” is defined as “personally identifiable information [as defined under 34 C.F.R. § 99.3] from student records of an educational agency.” N.Y. Education Law § 2-d 1(i). “Teacher or principal data” is defined as “personally identifiable information from the records of an educational agency relating to the annual professional performance reviews of classroom teachers or principals that is confidential and not subject to release . . .” N.Y. Education Law § 2-d 1(j).
Empatico does not collect student data or teacher data as defined by N.Y. Education Law § 2-d 1. Because of this, Empatico is not subject to this law.