(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.

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Terms Used In Utah Code 53B-28-502

  • Advisory group: means the institution of higher education privacy advisory group established by the state privacy officer under Section 53B-28-502. See Utah Code 53B-28-501
  • Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
  • Data governance plan: means an education entity's comprehensive plan for managing education data that:
         (4)(a) incorporates reasonable data industry best practices to maintain and protect student data and other education-related data;
         (4)(b) describes the role, responsibility, and authority of the board or an institution privacy officer;
         (4)(c) provides for necessary technical assistance, training, support, and auditing;
         (4)(d) describes the process for sharing student data between the education entity and another person;
         (4)(e) describes the education entity's data expungement process, including how to respond to requests for expungement;
         (4)(f) describes the data breach response process; and
         (4)(g) is published annually and available on the institution's website or the Utah System of Higher Education's website. See Utah Code 53B-28-501
  • Higher education privacy officer: means a privacy officer that the board designates under Section 53B-28-503. See Utah Code 53B-28-501
  • Institution: means an institution of higher education described in Section 53B-1-102. See Utah Code 53B-28-501
  • 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
  • State privacy officer: means the state privacy officer described in Section 67-3-13. See Utah Code 53B-28-501
  • Student: means an individual enrolled in an institution. See Utah Code 53B-28-501
  • Student data: means information about a student at the individual student level. See Utah Code 53B-28-501
  • Third-party contractor: means a person who:
         (13)(a) is not an institution or an employee of an institution; and
         (13)(b) pursuant to a contract with an education entity, collects or receives student data in order to provide a product or service, as described in the contract, if the product or service is not related to school photography, yearbooks, graduation announcements, or a similar product or service. See Utah Code 53B-28-501
(2) The advisory group shall consist of:

     (2)(a) the state privacy officer;
     (2)(b) the higher education privacy officer; and
     (2)(c) the following members, appointed by the commissioner:

          (2)(c)(i) at least one Utah System of Higher Education employee; and
          (2)(c)(ii) at least one representative of the Utah Board of Higher Education.
(3) The advisory group shall:

     (3)(a) discuss and make recommendations to the board and institutions regarding:

          (3)(a)(i) existing and proposed:

               (3)(a)(i)(A) board rules; or
               (3)(a)(i)(B) board policies of the Utah Board of Higher Education or institutions; and
          (3)(a)(ii) training on protecting student data privacy; and
     (3)(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:

     (4)(a) provide training and support to institution boards and employees; and
     (4)(b) produce:

          (4)(b)(i) resource materials;
          (4)(b)(ii) model data governance plans;
          (4)(b)(iii) model forms for institution student data protection governance; and
          (4)(b)(iv) a model data collection notice.
(5) The board shall:

     (5)(a)

          (5)(a)(i) create and maintain a data governance plan; and
          (5)(a)(ii) annually publish the data governance plan on the Utah System of Higher Education website; and
     (5)(b) establish standards for:

          (5)(b)(i) institution policies to protect student data;
          (5)(b)(ii) institution data governance plans; and
          (5)(b)(iii) a third-party contractor‘s use of student data.