Assembly Bill No. 353–Assemblywoman Giunchigliani

 

CHAPTER..........

 

AN ACT relating to the University and Community College System of Nevada; providing certain restrictions upon the disclosure of personally identifiable information concerning students for commercial and noncommercial uses; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. Chapter 396 of NRS is hereby amended by adding

thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  The Board of Regents shall prescribe a form that

provides for the informed consent of students concerning the

directory information that a university, university foundation,

state college or community college, as applicable, makes public.

The form must:

    (a) Allow each student a reasonable opportunity to indicate

whether the student opts not to authorize the release or disclosure

of personally identifiable information concerning the student for:

        (1) Commercial purposes, without the prior written consent

of the student;

        (2) Noncommercial purposes, without the prior written

consent of the student; or

        (3) Both commercial and noncommercial purposes, without

the prior written consent of the student.

    (b) Inform the student that:

        (1) If he does not return the form indicating that his

personally identifiable information must not be released or

disclosed, then it is probable that the information will be released

or disclosed.

        (2) If he returns the form indicating that his personally

identifiable information must not be released or disclosed, then the

university, university foundation, state college or community

college, as applicable, will not release or disclose the information

without his prior written consent.

    (c) Be included with the other forms required for admission to

the university, state college or community college, as applicable.

    2.  Except as otherwise required by federal law, a university,

university foundation, state college or community college shall not

release, disclose or otherwise use any personally identifiable

information concerning a student without the prior written

consent of the student for:

    (a) Commercial or noncommercial purposes if the student has

returned a form indicating that he does not authorize release or

disclosure for those purposes without his consent;

    (b) Commercial purposes if the student has returned a form

indicating that he does not authorize release or disclosure for

those purposes without his consent; or

    (c) Noncommercial purposes if the student has returned a

form indicating that he does not authorize release or disclosure for

those purposes.

    3.  As used in this section:

    (a) “Commercial purposes” means the use of directory

information by any person, including, without limitation, a

corporation or other business, outside of the System to solicit or

provide facilities, goods or services in exchange for the payment of

any purchase price, fee, contribution, donation or other valuable

consideration.

    (b) “Directory information” has the meaning ascribed to it in

20 U.S.C. § 1232g(a)(5)(A).

    (c) “Personally identifiable information” means information

that may be used to identify a person, including, without

limitation, the name, address, telephone number, date of birth, and

directory information of a person.

    (d) “University foundation” has the meaning ascribed to it in

NRS 396.405.

    Secs. 3-7.  (Deleted by amendment.)

    Sec. 8.  1.  This act becomes effective on July 1, 2003.

 

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