Law / United States / Utah

Student Data Protection: separate notice and written consent before an education entity collects a student's biometric identifier or biometric information

Utah Code 53E-9-305(6)

In force since .

A biometric privacy rule binding government bodies.

Obligation class
Biometric, Consent, Disclosure

What it requires

  • If you are an education entity, collect a student's biometric identifier or biometric information only after providing the adult student or the student's parent a biometric information collection notice, separate from the student data collection notice, that states what will be collected, the purpose, and how you will use and store it (Utah Code 53E-9-305(6)(a)).
  • Obtain written consent from the adult student or the student's parent before collecting the biometric identifier or biometric information (Utah Code 53E-9-305(6)(b)).

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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An education entity may collect a student's biometric identifier or biometric information only if it provides the adult student or the student's parent a biometric information collection notice that is separate from the student data collection notice and obtains written consent to the collection.

The biometric information collection notice must state the biometric identifier or biometric information to be collected, the purpose of collecting it, and how the education entity will use and store it. A biometric identifier is a retina or iris scan, a fingerprint, a human biological sample used for valid scientific testing or screening, or a scan of hand or face geometry, and it does not include a voiceprint or a photograph.

Biometric information is information, regardless of how it is collected, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify the individual.

When LexLint raises it

When your app profile says your app serves K-12 schools.

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