Utah Code 53B-33-301. Data research program
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(1) The center shall establish a data research program for the purpose of analyzing data that is:
Terms Used In Utah Code 53B-33-301
- Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
- Center: means the Utah Data Research Center created in Section
53B-33-201 . See Utah Code 53B-33-101 - Contract: A legal written agreement that becomes binding when signed.
- Data: means any information about a person stored in a physical or electronic record. See Utah Code 53B-33-101
- Data research program: means the data maintained by the center in accordance with Section
53B-33-301 . See Utah Code 53B-33-101 - De-identified data: means data about a person that cannot, without additional information, identify the person to another person or machine. See Utah Code 53B-33-101
- Director: means the director of the Utah Data Research Center created in Section
53B-33-201 . See Utah Code 53B-33-101 - Institution of higher education: means an institution of higher education described in Section
53B-1-102 . See Utah Code 53B-33-101 - Office: means the Office of the Legislative Auditor General created in Section
36-12-15 . See Utah Code 53B-33-101 - Participating entity: means :(9)(a) the State Board of Education, which includes the director as defined in Section
53E-10-701 ;(9)(b) the board;(9)(c) the Department of Workforce Services;(9)(d) the Department of Health and Human Services; and(9)(e) the Department of Commerce. See Utah Code 53B-33-101- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Unique student identifier: means the same as that term is defined in Section
53E-4-308 . See Utah Code 53B-33-101(1)(a) collected over time;(1)(b) aggregated from multiple sources; and(1)(c) connected and de-identified.
(2) The center may, in order to establish the data research program described in Subsection (1):
(2)(a) acquire property or equipment in order to store aggregated, connected, and de-identified data derived from data contributed by the participating entities; or
(2)(b) contract with a private entity in accordance with Title 63G, Chapter 6a, Utah Procurement Code, or with a state government entity to:
(2)(b)(i) store aggregated, connected, and de-identified data derived from data contributed by the participating entities; or
(2)(b)(ii) utilize existing aggregated, connected, and de-identified data maintained by a state government entity.
(3) A participating entity shall contribute data to the data research program described in Subsection (1) within guidelines established by the center.
(4) The center may only release data maintained by the center in accordance with the procedures described in this chapter.
(5) The center shall:
(5)(a) as directed by the board, serve as a repository in the state of data from institutions of higher education;
(5)(b) collaborate with the board and the State Board of Education to coordinate access to the unique student identifier of a public education student who later attends an institution of higher education in accordance with Sections 53B-1-109 and 53E-4-308 ;
(5)(c) develop, establish, and maintain programs that promote access to data from institutions of higher education;
(5)(d) identify initiatives that leverage education data that will improve a state citizen’s ability to:
(5)(d)(i) access services at an institution of higher education; or
(5)(d)(ii) graduate with a postsecondary certificate or degree; and
(5)(e) perform all other duties provided in this chapter.
(6) The director shall identify the resources necessary to successfully implement initiatives described in Subsection (5)(d), in accordance with Section 53B-7-101 .
(7) The center may:
(7)(a) employ staff necessary to carry out the center’s duties;
(7)(b) purchase, own, create, or maintain equipment necessary to:
(7)(b)(i) collect data from the participating entities;
(7)(b)(ii) connect and de-identify data collected by the center;
(7)(b)(iii) store connected and de-identified data; or
(7)(b)(iv) conduct research on data stored or obtained by the center; or
(7)(c) contract with a private entity, another state or federal entity, or a political subdivision of the state to carry out the center’s duties as provided in this chapter.
(8) The data research program is not subject to Title 63G, Chapter 2, Government Records Access and Management Act.
(9)
(9)(a) The center:
(9)(a)(i) shall, in connection with the office‘s audit of an entity, provide the office, at the office’s request, with access to all records, data, and other materials in possession of the center; and
(9)(a)(ii) is otherwise subject to the authority of the legislative auditor general in accordance with Utah Constitution, Article VI, Section 33, and Section 36-12-15 .
(9)(b) The office’s request for access to records, data, and other materials under Subsection (9)(a)(i) is not:
(9)(b)(i) a data research request under Subsection 53B-33-302 (3)(a) or (4); or
(9)(b)(ii) a request for a data set under Subsection 53B-33-302 (10).
(9)(c) The center, in complying with Subsection (9)(a)(i):
(9)(c)(i) shall, upon the office’s request, provide the office with records, data, and other materials that are not de-identified; and
(9)(c)(ii) may not charge the office a fee for completing the request.