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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 members, appointed by the commissioner of higher education:
      • (i) at least one Utah system of higher education employee; and
      • (ii) at least one representative of the Utah Board of Higher Education.
  • (3) The advisory group shall:
    • (a) discuss and make recommendations to the board and institutions regarding:
      • (i) existing and proposed:
        • (A) board rules; or
        • (B) board policies of the Utah Board of Higher Education or institutions; and
      • (ii) training on protecting student data privacy; and
    • (b) perform other tasks related to student data protection as designated by the Utah Board of Higher Education.
  • (4) The higher education privacy officer shall:
    • (a) provide training and support to institution boards and employees; and
    • (b) produce:
      • (i) resource materials;
      • (ii) model data governance plans;
      • (iii) model forms for institution student data protection governance; and
      • (iv) a model data collection notice.
  • (5) The board shall:
    • (a)
      • (i) create and maintain a data governance plan; and
      • (ii) annually publish the data governance plan on the Utah System of Higher Education website; and
    • (b) establish standards for:
      • (i) institution policies to protect student data;
      • (ii) institution data governance plans; and
      • (iii) a third-party contractor’s use of student data.

Enacted by Chapter 461, 2022 General Session