Terms Used In Utah Code > Title 53B > Chapter 28 > Part 5 - Higher Education Student Data Protection

• 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
• 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.
• Data breach: means an unauthorized release of or unauthorized access to personally identifiable student data that an education entity maintains. See Utah Code 53B-28-501
• 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
• Education entity: means the Utah Board of Higher Education or an institution. 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
• 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.
• Minor: means a person younger than 18 years old. See Utah Code 53B-28-501
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Personally identifiable student data: includes :
            (9)(b)(i) a student's first and last name;
            (9)(b)(ii) the first and last name of a student's family member;
            (9)(b)(iii) a student's or a student's family's home or physical address;
            (9)(b)(iv) a student's email address or other online contact information;
            (9)(b)(v) a student's telephone number;
            (9)(b)(vi) a student's social security number;
            (9)(b)(vii) a student's biometric identifier;
            (9)(b)(viii) a student's health or disability data;
            (9)(b)(ix) a student's education entity student identification number;
            (9)(b)(x) a student's social media user name and password or alias;
            (9)(b)(xi) if associated with personally identifiable student data, the student's persistent identifier, including:

                 (9)(b)(xi)(A) a customer number held in a cookie; or

                 (9)(b)(xi)(B) a processor serial number;
            (9)(b)(xii) a combination of a student's last name or photograph with other information that together permits a person to contact the student online;
            (9)(b)(xiii) information about a student or a student's family that a person collects online and combines with other personally identifiable student data to identify the student; and
            (9)(b)(xiv) information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. See Utah Code 53B-28-501
• Process: means a writ or summons issued in the course of a judicial proceeding. 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
• 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
• Venue: The geographical location in which a case is tried.
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5