Title 53H, Higher Education

53H-14-204. Business confidentiality claims. (1)(a) Any person who provides to an institution a record that the person believes should be protected under a provision listed in Subsection 63G-2-309(1)(b)(i), restricted under Section 53H-14-202, or both protected under a provision …

53H-14-205. Applicability of the Government Records Access and Management Act. Except as otherwise provided by this part, the provisions of Title 63G, Chapter 2, Government Records Access and Management Act, will apply to restricted technology transfer or sponsored research recor…

53H-14-301. General provisions -- Definitions. As used in this part: (1) "Personal Internet account" means an online account that is used by a student or prospective student exclusively for personal communications unrelated to any purpose of an institution. (2) "Personal Internet…

53H-14-302. Prohibited activities. An institution may not do any of the following: (1) request a student or prospective student to disclose a username and password, or a password that allows access to the student's or prospective student's personal Internet account; or (2) expel,…

53H-14-303. Permitted activities. (1) This part does not prohibit an institution from requesting or requiring a student to disclose a username or password to gain access to or operate the following: (a) an electronic communications device supplied by or paid for in whole or in pa…

53H-14-304. Duties not created. (1) This part does not create a duty for an institution to search or monitor the activity of a personal Internet account. (2) An institution is not liable under this part for failure to request or require that a student or prospective student grant…

53H-14-305. Private right of action. (1) A person aggrieved by a violation of this part may bring a civil cause of action against an institution in a court of competent jurisdiction. (2) In an action brought under Subsection (1), if the court finds a violation of this part, the c…

53H-14-401. General provisions -- Definitions. As used in this part: (1) "Certified advocate" means an individual who: (a) is employed by or volunteers at a qualified institutional victim services provider; (b) has completed at least 40 hours of training in counseling and assisti…

53H-14-402. Confidentiality of information -- Disclosure of confidential communication. (1) Except as provided in Subsection (2), and notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a person may not disclose a confidential communication. (2) A …

53H-14-501. General provisions -- Definitions. As used in this part: (1) "Advisory group" means the institution of higher education privacy advisory group established by the chief privacy officer under Section 53H-14-502. (2) "Aggregate data" means data that: (a) are totaled and …

53H-14-502. State student data protection governance. (1) The chief 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 chi…

53H-14-503. Institution student data protection governance. (1)(a) An institution shall adopt policies to protect student data in accordance with this part and board rule, including the standards the board establishes under Subsection 53H-14-502(5). (b) The policies described in …

53H-14-504. Notification of significant data breach. (1) If a significant data breach occurs at an institution, the institution shall notify each student whose personally-identifiable student data was disclosed. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rul…

53H-14-505. Third-party contractors. (1) A third-party contractor shall use personally identifiable student data received under a contract with an education entity strictly for the purpose of providing the contracted product or service within the negotiated contract terms. (2) Wh…

53H-14-506. Penalties. (1) A third-party contractor that knowingly or recklessly permits unauthorized collecting, sharing, or use of student data under this part: (a) except as provided in Subsection (2), may not enter into a future contract with an institution; (b) may be requir…

53H-14-601. General provisions -- Definitions. As used in this part, "education entity" means the same as that term is defined in Section 53E-9-301.

53H-14-602. Training requirements for higher education personnel. (1) The board shall ensure that higher education employees, student aides, and volunteers who have access to student data received under Title 53E, Chapter 9, Part 4, Data Sharing with Higher Education, shall recei…

53H-14-603. Authorization for K-12 student data sharing -- Rulemaking. (1) The board may receive and use student data from grades 7 through 12 as provided in Title 53E, Chapter 9, Part 4, Data Sharing with Higher Education, to support the purposes described in Section 53E-9-402. …