Law / United States /
Utah
Student Data Protection: collection limits, student data collection notice and written consent for optional student data
Utah Code 53E-9-305(1) to (5) and (9)
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Disclosure, Consent, Prohibition
What it requires
- If you are an education entity, do not collect a student's social security number or, except as section 80-6-103 requires, the student's criminal record (Utah Code 53E-9-305(1)).
- Prepare and distribute to parents and students an annually updated student data collection notice, as a prominent stand-alone document published on your website, that states the student data you collect, the data you may not share without written consent, how you store and protect student data, and the student's rights under the part (Utah Code 53E-9-305(2)).
- Provide a student data collection notice to the adult student or the student's parent as the condition of collecting the student's necessary student data (Utah Code 53E-9-305(4)).
- Collect optional student data only after giving a notice that describes it and how you will use it and obtaining written consent from the adult student or the student's parent (Utah Code 53E-9-305(5)).
These lines are LexLint's reading of the law's text.
What this law does
An education entity may not collect a student's social security number or, except as required in section 80-6-103, the student's criminal record. An education entity that collects student data must prepare and distribute to parents and students a student data collection notice statement that is a prominent, stand-alone document and is annually updated and published on its website.
An education entity may collect the necessary student data of a student if it provides a student data collection notice to the adult student or to the student's parent. An education entity may collect optional student data only if it gives a notice that describes the optional student data and how it will use that data, and obtains written consent.
Optional student data is student data that is not necessary student data and not data the education entity may not collect, and it includes biometric information.
An education entity may collect and share threat assessment information without written consent if the collection and sharing is necessary to protect the safety of a student, school personnel, or school property, the information is shared only with authorized personnel, and the education entity complies with all procedural requirements in section 53G-8-807.
When LexLint raises it
When your app profile says your app serves K-12 schools.
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