Law / United States / Utah

Higher Education Student Data Protection: contract provisions an institution or the Utah Board of Higher Education must require of a third-party contractor

Utah Code 53H-14-505(2)

In force since .

A sensitive categories rule binding government bodies.

Obligation class
Contract terms

What it requires

  • If you are an institution, the Utah Board of Higher Education, or a government agency contracting on behalf of one, ensure that each contract with a third-party contractor complies with the standards the board establishes under Utah Code 53H-14-502(5) (Utah Code 53H-14-505(2)(a)).
  • Require in the contract restrictions on the contractor's collection, use, storage and sharing of student data, a description of the persons or types of person with whom it may share student data, deletion of the student data at your request, a bar on secondary use of personally identifiable student data if you require it, and your right to audit the contractor (Utah Code 53H-14-505(2)(b)).

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What this law does

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Research summary

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When contracting with a third-party contractor, an education entity, or a government agency contracting on behalf of an education entity, must ensure that the contract terms comply with the standards the board establishes.

The contract must require restrictions on the contractor's collection, use, storage, or sharing of student data, a description of the persons with whom the contractor may share student data, deletion of the student data at the education entity's request, a bar on secondary use of personally identifiable student data if the education entity requires it, and an agreement that the education entity or its designee may audit the contractor.

Senate Bill 1001 of the 2025 First Special Session renumbered section 53B-28-505 as section 53H-14-505. Senate Bill 226 of the 2022 General Session enacted the Higher Education Student Data Protection part. Senate Bill 226 of the 2022 General Session took effect on .

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