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Experience
3 yrs required
Location
New York City, NY, United States
Posted on
Apr 24, 2019
Profile
Privacy and Records Access Unit Attorney (L3)
The candidate will under the direction of the Chief Privacy Officer (CPO) of the Department of Education’s (DOE) Privacy and Records Access Unit, and the Managing Attorney of the FOIL Unit, engages in difficult and complex legal work having significant financial, legal, procedural, and policy consequences. Will perform related work. Freedom of Information Law (FOIL) Responsibilities. Implements Department policy and legal mandates related to FOIL requests. Processes FOIL requests and appeals, monitors compliance of FOIL-related legal obligations, reviews records for responsiveness and lawful redaction, and drafts FOIL legal determinations. Communicates with the press, government officials, and other individuals on actual or potential requests, and coordinates press requests with the Office of Communications and Media Relations. Provides ongoing technical assistance to DOE staff. Maintains and utilizes databases and other time management tools to monitor compliance, e.g., timeliness of responses, appropriateness of released materials, etc. Makes recommendations to the General Counsel regarding FOIL appeals. Conducts legal research on complicated legal issues. Acts as liaison the New York City Law Department with respect to FOIL-related litigation. Assists the CPO in developing and implementing privacy and data security policies, procedures, practices, and guidance for the Department of Education (DOE). Conducts legal research and provides legal advice concerning various privacy-related laws and regulations, including but not limited to the Family Educational Rights and Privacy Act (FERPA) and N.Y. Education Law §2-d. Drafts and reviews privacy-related agreements and contractual provisions, including non-disclosure agreements, data use agreements, and memoranda of understanding. Collaborates with key DOE stakeholders, including the Division of Instructional and Information Technology, Division of Contracts and Purchasing, and the Research Policy and Support Group in carrying out various privacy-related tasks. Assists the CPO in performing functions related to the DOE’s Institutional Review Board. Represents the DOE in meetings on privacy and data security-related matters with other government agencies and other parties, when appropriate. Works with DOE offices to ensure that proper consent and authorization procedures are being followed. Assists with training in privacy- and data-security-related matters. Drafts privacy and data security-related communications. Provides ongoing technical assistance on various subpoena and records issues, discovery demands, and records retention. Assists with the supervision of the Subpoena Unit. Prepares documents in response to court orders on subpoenas, and appears in court if needed. Coordinates with the NYC Law Department on strategy, papers and discovery in related litigation and recommends settlements and adjustments. Advises on record retention-related issues. Reviews and helps draft rules and regulations for the Department of Education.
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