Correspondence about data breach • MuckRock

7 Communications
16 Files

Communications

From: Adrianne Jeffries

11/01/2019

Subject: Pennsylvania Right to Know Act Request: Correspondence about data breach

To Whom It May Concern:

Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records:

On October 19, 2019, it was reported that students obtained access to a database containing information about Downingtown Area School District students: https://www.dailylocal.com/news/local/downingtown-area-school-district-uncovers-data-breach/article_92f154da-f1a6-11e9-bd3c-ff5de7cc2f31.html

I'm seeking copies of all correspondence related to this incident and response, including letters and emails, both internal and external, sent by the senior leadership team including spokesperson Jennifer Shealy, technology director Gary Mattei, Superintendent Emilie Lonardi, Louis Chance, Dale Lauver, Meghan Dennis, Robert Reed, and Sharon Standish, from the date the breach was discovered to present.

For emails, please include all replies.

I am a member of the news media making this request in the interest of newsgathering for the podcast Underunderstood. I'm willing to pay up to $100 in fees.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Adrianne Jeffries

From: Muckrock Staff

11/08/2019

Subject: RE: Pennsylvania Right to Know Act Request: Correspondence about data breach

To Whom It May Concern:

I wanted to follow up on the following Pennsylvania Right to Know Act request, copied below, and originally submitted on Nov. 1, 2019. Please let me know when I can expect to receive a response.

Thanks for your help, and let me know if further clarification is needed.

From: Downingtown Area School District

11/08/2019

Subject: RE: Pennsylvania Right to Know Act Request: Correspondence about data breach

As Open Records Officer for the district and pursuant to the Right to Know Act, I am in receipt of your Right To Know request received on November 3, 2019

The School District requires an extension of 30 days' time to review or prepare its response to your written request for the following reason:

[cid:image001.png@01D06594.00419E90]Your request for access requires redaction of a public record.

[cid:image001.png@01D06594.00419E90]Your request for access requires retrieval of a record stored in a remote location.

[cid:image001.png@01D06594.00419E90]Your request does not comply with the School District's policy regarding access to public records.

[cid:image001.png@01D06594.00419E90]A legal review is necessary to determine whether the requested record is a public record subject to disclosure.

[cid:image002.png@01D06594.00419E90]A response to your request cannot be accomplished within 5 business days due to staffing limitations.

THE PROCEDURE TO APPEAL THE DENIAL OF ACCESS UNDER THE ACT:

You have the following appeal rights. You may file an appeal with the Office of Open Records as designated under Section 503 of the Act within 15 days of the mailing date of this response or within 15 business days of the deemed denial. The appeal shall state the grounds upon which you assert that the record is a public record and shall address any grounds stated by this agency for delaying or denying the request. You may then have further appeal rights under the Act depending upon the decision of the Office of Open Records.

DATE OF THIS RESPONSE:

November 8, 2019

NAME, TITLE, BUSINESS ADDRESS, BUSINESS TELEPHONE NUMBER OF OPEN RECORDS OFFICER ON WHOSE AUTHORITY THE RESPONSE IS ISSUED

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Virginia B. Warihay
Executive Assistant to the Superintendent
School Board Secretary
Open Records Officer
Downingtown Area School District
540 Trestle Place | Downingtown, PA 19335
P: 610-269-8460 ext. 6112 | E: gwarihay@dasd.org<mailto:gwarihay@dasd.org> |W: www.dasd.org <../../../../../jblow/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/9L922WIW/www.dasd.org>

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From: Muckrock Staff

11/25/2019

Subject: RE: Pennsylvania Right to Know Act Request: Correspondence about data breach

Fax

To Whom It May Concern:

I'm following up on the following Pennsylvania Right to Know Act request, copied below, and originally submitted on Nov. 1, 2019. You previously indicated that it would be completed on Dec. 3, 2019. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate.

Thanks for your help, and let me know if further clarification is needed.

From: Downingtown Area School District

11/25/2019

Subject: RE: Pennsylvania Right to Know Act Request: Correspondence about data breach - RTK Response

(1) A DESCRIPTION OF THE RECORD REQUESTED

(2) SCHOOL DISTRICT RESPONSE

Your request is denied. First, section 708(b)(17) of the RTKL exempts from disclosure "[a] record of an agency relating to a noncriminal investigation, including ... [c]omplaints submitted to an agency... [and i]nvestigative materials, notes, correspondence and reports" or a record that, if disclosed, would "[c]onstitute an unwarranted invasion of privacy." 65 P.S. §§ 67.708(b)(17)(i)-(ii); 65 P.S. § 67.708(b)(17)(vi)(C). The School District investigation into the incident identified above and records relating thereto, satisfies this exemption. Second, these communications reflect internal, pre-decisional deliberations. Section 708(b)(10)(i)(A) exempts from public disclosure a record that reflects: [t]he internal, predecisional deliberations of an agency, its members, employees or officials or predecisional deliberations between agency members, employees or officials and members, employees or officials of another agency, including predecisional deliberations relating to a budget recommendation, ... or course of action or any research, memos or other documents used in the predecisional deliberations. 65 P.S. § 67.708(b)(10)(i)(A). Accordingly, the requested documents are exempt.

(3) THE PROCEDURE TO APPEAL THE DENIAL OF ACCESS UNDER THE ACT

You have the following appeal rights, if you deem this a denial of your request. You may file an appeal in writing with the Office of Open Records, Eric Arneson, Executive Director, Office of Open Records, Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, PA 17120 as designated under Section 503 of the Act within 15 days of the mailing date of this response or within 15 business days of the deemed denial. The appeal shall state the grounds upon which you assert that the record is a public record and shall address any grounds stated by this agency for delaying or denying the request. You may then have further appeal rights under the Act depending upon the decision of the Office of Open Records.

(4) DATE OF THIS RESPONSE:

November 25, 2019

(5) NAME, TITLE, BUSINESS ADDRESS, BUSINESS TELEPHONE NUMBER OF OPEN RECORDS OFFICER ON WHOSE AUTHORITY THE RESPONSE IS ISSUED:

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From: Downingtown Area School District

11/25/2019

Subject: FW: Pennsylvania Right to Know Act Request: Database schema and data dictionary

(1) A DESCRIPTION OF THE RECORD REQUESTED

As Open Records Officer for the district and pursuant to the Right to Know Act, I am in receipt of the Right to Know request emailed November 1, 2019

(2) DISTRICT RESPONSE

* Your request is denied. The Schema and glossary are confidential and proprietary under the agreement with Naviance. The Terms of Service which are incorporated into the sales order form provide:

"4.2. Confidential Information. Except for information provided by a Customer or User, all information available in or through the Service is confidential information of Naviance and/or Hobsons ("Confidential Information"). Customers and Users acknowledge that the only reason they have access to and can view that Confidential Information is by virtue of a Customer's purchase of the license contemplated by Section 5 below. Customers and Users agree that the Confidential Information will be maintained as confidential and shall be protected as a trade secret of Naviance and/or Hobsons. Customers and Users acknowledge that the Service and its components have been created, compiled, prepared, selected, and arranged by Naviance through the expenditure of substantial time, effort, and money, and that it constitutes the valuable property of Naviance. Customers and Users agree to take all necessary precautions to comply with all copyright, trademark, trade secret, patent, contract, and other laws necessary to protect all rights in the Confidential Information. For the avoidance of doubt, anyone or any entity that does not meet the definition of a Customer or User may not view, access, or use the Confidential Information without express written permission from the General Manager of Naviance or the Chief Executive Officer of Hobsons."

Accordingly, that information is exempt under Section708(b)(11) as "[a] record that constitutes or reveals a trade secret or confidential proprietary information".

(3) THE PROCEDURE TO APPEAL THE DENIAL OF ACCESS UNDER THE ACT

(4) DATE OF THIS RESPONSE:

November 25, 2019

(5) NAME, TITLE, BUSINESS ADDRESS, BUSINESS TELEPHONE NUMBER OF OPEN RECORDS OFFICER ON WHOSE AUTHORITY THE RESPONSE IS ISSUED:

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