Law / United States / Utah

Student Data Protection: protection duty on education entities and third-party contractors, with state board rulemaking and the state student data officer

Utah Code 53E-9-302 and 53E-9-307

In force since .

A sensitive categories rule binding public and private bodies.

Obligation class
Security, Governance

What it requires

  • If you are an education entity or a third-party contractor that collects, uses, stores, shares, or deletes student data, protect the student data as the Student Data Protection part requires (Utah Code 53E-9-302(1)(a)).
  • If you are the state board, make rules to administer the Student Data Protection part, including student data protection standards for public education employees, student aides, and volunteers, and rules that prescribe the maintenance and protection of stored student data by an education entity and a third-party contractor (Utah Code 53E-9-302(1)(b) and 53E-9-307(1)).

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What this law does

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Research summary

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An education entity or a third-party contractor who collects, uses, stores, shares, or deletes student data shall protect student data as described in the Student Data Protection part of Title 53E, chapter 9. The state board must make rules to administer the Student Data Protection part, including student data protection standards for public education employees, student aides, and volunteers.

The state board must designate a state student data officer, who investigates complaints of alleged violations of the part and reports violations to the state board, the applicable education entity, and the student data protection advisory group. Section 53E-9-307 directs the state board to make rules that prescribe the maintenance and protection of stored student data by an education entity and by a third-party contractor, using reasonable data industry best practices.

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