Law / United States / Utah

Student Data Protection: student ownership of and access to student data, and expungement of student data

Utah Code 53E-9-304(1) and 53E-9-306(3)

In force since .

A data subject rights rule binding government bodies.

Obligation class
Data subject rights, Retention

What it requires

  • If you are an education entity, allow the student's parent, the student, and in the absence of a parent an individual acting as a parent to access the student data you maintain (Utah Code 53E-9-304(1)(b)).
  • Expunge a student's student data that you store, in accordance with state board rule, including on a request from a prior student or the parent of a prior student under the timeline and process the rule sets (Utah Code 53E-9-306(1)(d) and (3)(a)).

These lines are LexLint's reading of the law's text.

What this law does

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Research summary

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A student owns the student's personally identifiable student data. An education entity must allow the student's parent, the student, and in the absence of a parent an individual acting as a parent to access the student's student data that the entity maintains. An education entity must, in accordance with state board rule, expunge a student's student data that it stores.

State board rules must set the timeline and process for a prior student or the parent of a prior student to request that an education entity expunge all of the prior student's student data.

When LexLint raises it

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