LEGISLATIVE GENERAL COUNSEL H.B. 455
6 Approved for Filing: J.V. Hulten 6
6 02-01-24 10:50 AM 6
1 EDUCATION INDUSTRY EMPLOYEE PRIVACY
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Trevor Lee
5 Senate Sponsor: Scott D. Sandall
6
7 LONG TITLE
8 General Description:
9 This bill provides for the personal privacy of local education agency employees.
10 Highlighted Provisions:
11 This bill:
12 < enacts restrictions on a local education agency (LEA) selling or transferring certain
13 contact information without consent;
14 < prohibits requiring use of certain technologies on personal devices;
15 < requires an LEA to provide accommodations for mandatory technology use under
16 certain circumstances;
17 < allows an employee to file written complaints with the State Board of Education
18 about violations;
19 < permits the State Board of Education to investigate complaints; and
20 < allows for consequences for violations.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides a special effective date.
25 Utah Code Sections Affected:
H.B. 455
26 ENACTS:
27 53G-10-207, Utah Code Annotated 1953
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28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53G-10-207 is enacted to read:
31 53G-10-207. Personal privacy for employee.
32 (1) As used in this section:
33 (a) "Employee" means:
34 (i) "administrative personnel" as the term is defined in Section 53G-10-206; and
35 (ii) "instructional personnel" as the term is defined in Section 53G-10-206.
36 (b) "LEA" means the same as the term is defined in Section 53E-1-102.
37 (c) "Required technology" means an application, software, or other technologies for
38 work-related duties without which an employee could not reasonably complete necessary or
39 essential job functions or engage in emergency situations.
40 (d) "Work-related contact information" means:
41 (i) private or work provided phone numbers used for work purposes;
42 (ii) email addresses provided by an employer or used primarily for work functions;
43 (iii) work mail addresses, including physical addresses, post office boxes, and other
44 mailing details used to send or receive work-related communications or documents;
45 (iv) logins, usernames, access codes, passwords, or other credentials used to access
46 accounts, systems, documents, records, or services provided in relation to an employee's job
47 duties; and
48 (v) messaging accounts, forum memberships, directory listings, distribution lists,
49 committee or group enrollments.
50 (2) An LEA or the state board may not sell or otherwise transfer an employee's
51 work-related contact information to a third-party.
52 (3) An LEA or the state board may not distribute an employee's work-related contact
53 information in a manner that would interfere with an employee's ability to access or use
54 work-related accounts, contacts, email lists, or other contact information resources necessary to
55 perform their job duties.
56 (4) An LEA may not require an employee to download, install, access, or otherwise use
57 required technology on a personally-owned electronic device if use of the required technology
58 contains terms, conditions, or data sharing provisions that would allow for access to data or
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59 information outside of the required technology.
60 º [(5) If an LEA requires an employee to utilize required technology that the employee
61 reasonably finds to contain objectionable terms and conditions, the LEA shall provide
62 reasonable accommodations to the impacted employee to avoid mandatory usage on the
63 employee's personal device.
64 (6)] (5) » An LEA shall provide a reasonable accommodation º [under Subsection (5)]
64a » that
65 allows required usage without accessing an employee's personal device including providing the
66 required technology:
67 (a) via an LEA-owned and provided electronic device such as a computer, phone, or
68 tablet;
69 (b) through a secure virtual or remote desktop environment not requiring installation or
70 access credentials on a personal device; or
71 (c) through similar means that do not obligate personal device usage.
72 º [(7)] (6) » An LEA may not take adverse action against an employee for exercising
72a rights
73 under this section and requesting reasonable accommodations.
74 º [(8)] (7) » An employee may file a written complaint with the state board alleging
74a violations
75 of this chapter.
76 º [(9)] (8) » The state board shall investigate any complaint alleging violations under
76a this
77 section and take licensure or corrective action if determined necessary.
78 Section 2. Effective date.
79 This bill takes effect on July 1, 2024.
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