Utah Code 53E-9-310. Penalties
Current as of: 2024 | Check for updates
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Other versions
(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 53E-9-310
- Adult student: means a student who:(1)(a) is at least 18 years old;(1)(b) is an emancipated student; or(1)(c) qualifies under the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, Utah Code 53E-9-301
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Education entity: means :
(7)(a) the state board;(7)(b) a local school board;(7)(c) a charter school governing board;(7)(d) a school district;(7)(e) a charter school; or(7)(f) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-9-301- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Parent: means :
(14)(a) a student's parent;(14)(b) a student's legal guardian; or(14)(c) an individual who has written authorization from a student's parent or legal guardian to act as a parent or legal guardian on behalf of the student. See Utah Code 53E-9-301- 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 board: means the State Board of Education. See Utah Code 53E-1-102
- Student data: means information about a student at the individual student level. See Utah Code 53E-9-301
- Third-party contractor: means a person who:
(20)(a) is not an education entity; and(20)(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 53E-9-301- Venue: The geographical location in which a case is tried.
(1)(a) A third-party contractor that knowingly or recklessly permits unauthorized collecting, sharing, or use of student data under this part:(1)(a)(i) except as provided in Subsection (1)(b), may not enter into a future contract with an education entity;(1)(a)(ii) may be required by the state board to pay a civil penalty of up to $25,000; and(1)(a)(iii) may be required to pay:(1)(a)(iii)(A) the education entity’s cost of notifying parents and students of the unauthorized sharing or use of student data; and(1)(a)(iii)(B) expenses incurred by the education entity as a result of the unauthorized sharing or use of student data.(1)(b) An education entity may enter into a contract with a third-party contractor that knowingly or recklessly permitted unauthorized collecting, sharing, or use of student data if:(1)(b)(i) the state board or education entity determines that the third-party contractor has corrected the errors that caused the unauthorized collecting, sharing, or use of student data; and(1)(b)(ii) the third-party contractor demonstrates:(1)(b)(ii)(A) if the third-party contractor is under contract with an education entity, current compliance with this part; or(1)(b)(ii)(B) an ability to comply with the requirements of this part.(1)(c) The state board may assess the civil penalty described in Subsection (1)(a)(ii) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.(1)(d)(1)(d)(i) The state board may bring an action in a court with jurisdiction underTitle 78A, Judiciary and Judicial Administration , if necessary, to enforce payment of the civil penalty described in Subsection (1)(a)(ii).(1)(d)(ii) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the state board shall bring an action described in Subsection (1)(d)(i) in the county in which the office of the state board is located if the action is brought in the district court.(1)(e) An individual who knowingly or intentionally permits unauthorized collecting, sharing, or use of student data may be found guilty of a class A misdemeanor.(2)(2)(a) A parent or adult student may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for damages caused by a knowing or reckless violation of Section53E-9-309 by a third-party contractor.(2)(b) If the court finds that a third-party contractor has violated Section53E-9-309 , the court may award to the parent or student:(2)(b)(i) damages; and(2)(b)(ii) costs.