Law / United States /
Nevada
Student directory information: informed-consent form and bar on release or use of personally identifiable information without consent
In force since .
A sensitive categories rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Consent
- Audit expectation
- none
What it requires
- If you are the Board of Regents of the Nevada System of Higher Education, prescribe a form that lets each student opt out of the release or disclosure of the student's personally identifiable information, without the student's prior written consent, for commercial purposes, noncommercial purposes or both, and that tells the student the information will probably be released or disclosed if the form is not returned (NRS 396.535(1)(a) and (b)).
- Include that form with the other forms required for admission to the university, state college or community college (NRS 396.535(1)(c)).
- If you are a university, university foundation, state college or community college, do not release, disclose or otherwise use a student's personally identifiable information without the student's prior written consent for a purpose the student has opted out of on a returned form, except as federal law requires (NRS 396.535(2)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
NRS 396.535 requires a consent form and bars release or use of student information without consent. It names no duty to create, keep or produce a log or record.
- Kind
- None
- As of
What this law does
The Board of Regents must prescribe a form that provides for the informed consent of students concerning the directory information that a university, university foundation, state college or community college makes public. The form must give each student a reasonable opportunity to opt out of the release or disclosure of the student's personally identifiable information, without the student's prior written consent, for commercial purposes, for noncommercial purposes, or for both.
The form must inform the student that the information will probably be released or disclosed if the student does not return the form. The form must be included with the other forms required for admission to the university, state college or community college.
Except as otherwise required by federal law, a university, university foundation, state college or community college must not release, disclose or otherwise use a student's personally identifiable information without the student's prior written consent for a purpose that the student has opted out of on a returned form.
Personally identifiable information means information that may be used to identify a person, including, without limitation, the name, address, telephone number, date of birth, and directory information of a person.
Commercial purposes means the use of directory information by any person, including a corporation or other business, outside of the System to solicit or provide facilities, goods or services in exchange for the payment of any purchase price, fee, contribution, donation or other valuable consideration. Assembly Bill 353 of the 2003 session added the section to chapter 396 of NRS. Assembly Bill 353 became effective on .
When LexLint raises it
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