Section 53E-9-309 - 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) When contracting with a third-party contractor, an education entity, or a government agency contracting on behalf of an education entity, shall require the following provisions in the contract: (a) requirements and restrictions related to the collection, use, storage, or sharing of student data by the third-party contractor that are necessary for the education entity to ensure compliance with the provisions of this part and state board rule;(b) a description of a person, or type of person, including an affiliate of the third-party contractor, with whom the third-party contractor may share student data;(c) provisions that, at the request of the education entity, govern the deletion of the student data received by the third-party contractor;(d) except as provided in Subsection (4) and if required by the education entity, provisions that prohibit the secondary use of personally identifiable student data by the third-party contractor; and(e) an agreement by the third-party contractor that, at the request of the education entity that is a party to the contract, the education entity or the education entity's designee may audit the third-party contractor to verify compliance with the contract.(3) As authorized by law or court order, a third-party contractor shall share student data as requested by law enforcement.(4) A third-party contractor may: (a) use student data for adaptive learning or customized student learning purposes;(b) market an educational application or product to a parent of a student if the third-party contractor did not use student data, shared by or collected on behalf of an education entity, to market the educational application or product;(c) use a recommendation engine to recommend to a student:(i) content that relates to learning or employment, within the third-party contractor's application, if the recommendation is not motivated by payment or other consideration from another party; or(ii) services that relate to learning or employment, within the third-party contractor's application, if the recommendation is not motivated by payment or other consideration from another party;(d) respond to a student request for information or feedback, if the content of the response is not motivated by payment or other consideration from another party;(e) use student data to allow or improve operability and functionality of the third-party contractor's application; or(f) identify for a student nonprofit institutions of higher education or scholarship providers that are seeking students who meet specific criteria: (i) regardless of whether the identified nonprofit institutions of higher education or scholarship providers provide payment or other consideration to the third-party contractor; and(ii) only if the third-party contractor obtains authorization in writing from: (A) a student's parent through the student's school or LEA; or(B) for an adult student, the student.(5) At the completion of a contract with an education entity, if the contract has not been renewed, a third-party contractor shall return or delete upon the education entity's request all personally identifiable student data under the control of the education entity unless a student or the student's parent consents to the maintenance of the personally identifiable student data.(6)(a) A third-party contractor may not:(i) except as provided in Subsection (6)(b), sell student data;(ii) collect, use, or share student data, if the collection, use, or sharing of the student data is inconsistent with the third-party contractor's contract with the education entity; or(iii) use student data for targeted advertising.(b) A person may obtain student data through the purchase of, merger with, or otherwise acquiring a third-party contractor if the third-party contractor remains in compliance with this section.(7) The provisions of this section do not: (a) apply to the use of a general audience application, including the access of a general audience application with login credentials created by a third-party contractor's application;(b) apply if the student data is shared in accordance with the education entity's directory information policy, as described in 34 C.F.R. 99.37;(c) apply to the providing of Internet service; or(d) impose a duty on a provider of an interactive computer service, as defined in 47 U.S.C. Sec. 230, to review or enforce compliance with this section.(8) A provision of this section that relates to a student's student data does not apply to a third-party contractor if the education entity or third-party contractor obtains authorization from the following individual, in writing, to waive that provision: (a) the student's parent, if the student is not an adult student; or(b) the student, if the student is an adult student.Amended by Chapter 388, 2020 General Session ,§ 4, eff. 5/12/2020.Amended by Chapter 186, 2019 General Session ,§ 146, eff. 5/14/2019.Amended by Chapter 304, 2018 General Session ,§ 8, eff. 5/8/2018.Renumbered from § 53A-1-1410 by Chapter 1, 2018 General Session ,§ 227, eff. 1/24/2018.Amended by Chapter 370, 2017 General Session ,§ 3, eff. 5/9/2017.Added by Chapter 221, 2016 General Session ,§ 12, eff. 5/10/2016.