TITLE 16
Education
CHAPTER 16-104
Student Data-Cloud Computing
SECTION 16-104-1
§ 16-104-1 Student data-cloud computing.
(a) For the purposes of this chapter:
(1) "Cloud computing service" means a service that enables
convenient on-demand network access to a shared pool of configurable computing
resources to provide a student, teacher, or staff member account-based
productivity applications such as email, document storage, and document editing
that can be rapidly provisioned and released with minimal management effort or
cloud computing service provider interaction.
(2) "Cloud computing service provider" means an entity other
than a public elementary or secondary school that operates a cloud computing
service.
(3) "Process" means to use, access, manipulate, scan, modify,
transform, disclose, store, transmit, transfer, retain, aggregate, or dispose
of student data.
(4) "Student data" means any information in any media or
format created or provided:
(i) By a student; or
(ii) By a school board employee about a student in the course
of using a cloud computing service, including the student's name, email
address, postal address, email message, documents, unique identifiers, and
metadata.
(b) Notwithstanding any general or special law to the
contrary, any person who provides a cloud computing service to an educational
institution operating within the state shall process data of a student enrolled
in kindergarten through twelfth (12 t h) grade for the sole purpose of
providing the cloud computing service to the educational institution and shall
not process such data for any commercial purposes, including, but not limited
to, advertising purposes that benefit the cloud computing service provider.
(c) Each cloud computing service that enters into a contract
to provide such services shall certify, in writing, that it shall comply with
the provisions of this section.
History of Section.
(P.L. 2014, ch. 188, § 2; P.L. 2014, ch. 207, § 2.)
