§16-104-1  Student data-cloud computing. –


Published: 2015

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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.)