Section 502 – State student data protection governance.
Effective 7/1/2022 53B-28-502. State student data protection governance. (1) The state privacy officer shall establish a higher education privacy advisory group to advise institutions and institution boards of trustees on student data protection. (2) The advisory group shall consist of: (a) the state privacy officer; (b) the higher education privacy officer; and (c) the following […]
Section 503 – Institution student data protection governance.
Effective 7/1/2022 53B-28-503. Institution student data protection governance. (1) (a) An institution shall adopt policies to protect student data in accordance with this part and board rule, including the standards the board establishes under Subsection 53B-28-502(5). (b) The policies described in Subsection (1)(a) shall take into account the specific needs and priorities of the institution. […]
Section 504 – Notification of significant data breach.
Effective 7/1/2022 53B-28-504. Notification of significant data breach. (1) If a significant data breach occurs at an institution, the institution shall notify each student whose personally-identifiable student data was disclosed. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules to define a significant data breach described in […]
Section 505 – Third-party contractors.
Effective 7/1/2022 53B-28-505. Third-party contractors. (1) A third-party contractor shall use personally identifiable student data received under a contract with an education entity strictly for the purpose of providing the contracted product or service within the negotiated contract terms. (2) When contracting with a third-party contractor, an education entity, or a government agency contracting on […]
Section 506 – Penalties.
Effective 1/1/2024 53B-28-506. Penalties. (1) (a) An institution that contracts with a third-party contractor that knowingly or recklessly permits unauthorized collecting, sharing, or use of student data under this part: (i) except as provided in Subsection (1)(b), may not enter into a future contract with the third-party contractor; and (ii) may be required by the […]
Section 402 – Campus safety study — Report to Legislature.
Effective 5/5/2021 53B-28-402. Campus safety study — Report to Legislature. (1) As used in this section: (a) “Campus law enforcement” means a unit of an institution that provides public safety services. (b) (i) “Institution” means an institution of higher education described in Section 53B-2-101. (ii) “Institution” includes an institution’s campus law enforcement. (c) “Local district” […]
Section 403 – Student housing crime reporting.
Effective 5/5/2021 53B-28-403. Student housing crime reporting. (1) As used in this section: (a) “Campus law enforcement” means an institution’s police department. (b) “Crime statistics” means the number of each of the crimes in 34 C.F.R. Sec. 668.46(c)(1) that are reported to a local police agency or campus law enforcement, listed by type of crime. […]
Section 304 – Criminal retaliation against a victim or a witness.
Effective 5/4/2022 53B-28-304. Criminal retaliation against a victim or a witness. (1) As used in this section: (a) “Bodily injury” means the same as that term is defined in Section 76-1-101.5. (b) “Damage” means physical damage to an individual’s property. (2) An individual is guilty of a third degree felony if the individual inflicts bodily […]
Section 401 – Campus safety plans and training — Institution duties — Governing board duties.
Effective 5/5/2021 53B-28-401. Campus safety plans and training — Institution duties — Governing board duties. (1) As used in this section: (a) “Covered offense” means: (i) sexual assault; (ii) domestic violence; (iii) dating violence; or (iv) stalking. (b) “Institution” means an institution of higher education described in Section 53B-1-102. (c) “Student organization” means a club, […]
Section 202 – Confidentiality of information — Disclosure of confidential communication.
Effective 9/1/2022 53B-28-202. Confidentiality of information — Disclosure of confidential communication. (1) Except as provided in Subsection (2), and notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a person may not disclose a confidential communication. (2) A person may disclose a confidential communication if: (a) the victim gives written and informed consent […]