Law / United States / 
New Hampshire
Student data disclosed to a testing entity: limits on the testing entity's disclosure, use and linking of the data, and destruction on a student's request after the SAT or ACT
RSA 189:67, II(b), II-a and III
In force.
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition, Retention
- Audit expectation
- none
What it requires
- If you are a testing entity contracted to administer the state assessment, do not disclose the student data a school or the department of education gives you to anyone other than the parent or guardian, the department, the school or the school district, and do not use it for any other purpose except as RSA 193-C:12 provides; data collected in conjunction with the SAT or ACT is outside this paragraph (RSA 189:67, II(b)).
- If you administer the SAT or ACT used for the state assessment, destroy all of a student's personal information after the test is completed and verified when the student opts to have it destroyed (RSA 189:67, II-a).
- If you perform test-data analysis, do not connect the data to other student data (RSA 189:67, III).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
RSA 189:67, II(b), II-a and III bar a testing entity from disclosing or reusing student data, provide for destruction of an SAT or ACT taker's personal information when the student opts for it, and bar connecting test-analysis data to other student data. Use limits and a destruction duty impose no duty to make, keep or produce a record. The cited provisions state no territorial reach, so no hook is taken.
- Kind
- None
- As of
What this law does
A testing entity is a third party, within or outside New Hampshire, contracted to administer the state assessment. Except for data collected in conjunction with the SAT or ACT, a testing entity may not disclose the student data a school or the department of education gives it to anyone other than the parent or guardian, the department, the school or the school district, and may not use it for any other purpose except as RSA 193-C:12 provides.
Students taking the SAT or ACT used for the state assessment may opt to have all personal information destroyed by the testing entity after the test is completed and verified. A testing entity performing test-data analysis may perform the analysis but may not connect the data to other student data.
When LexLint raises it
When your app profile says your app serves K-12 schools.
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