NOTICE OF SUBSTANTIVE CHANGE
1. Agency Information
Higher Education (Utah Board of), Administration
Utah Board of Higher Education Building, The Gateway
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R765-1002. UDRC Participating State Agency Access
B. Purpose of the new rule or reason for the change:
This new proposed administrative rule, R765-1002, is being enacted to provide for the administration of the Utah Data Research Center (UDRC) participating state agency access program established under Section 53H-13-305.
This new rule establishes the requirements for participation agreements between the UDRC and participating state agencies before data may be collected for the state agency access program and outlines the procedures for data protection and data exchange.
C. Summary of the new rule or change:
New administrative Rule R765-1002 establishes the requirements for participation agreements between the UDRC and participating state agencies before data may be collected for the state agency access program and outlines the procedures for data protection and data exchange.
This rule also sets out the minimum elements that must be included in the participation agreements, the required minimum end user term provisions, necessary data protection procedures, and the requirements for an accessing agency to complete a data exchange service request.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
New Rule R765-1002 will not have any fiscal impact on the state budget.
There is no fiscal impact on the state budget because this new rule provides for the administration of the UDRC participating state agency access program established under Section 53H-13-305.
This rule does not impose any requirements that would create either any cost to or savings for the state budget.
New Rule R765-1002 will not have any fiscal impact on local governments.
There is no fiscal impact on local governments because this new rule provides for the administration of the UDRC participating state agency access program established under Section 53H-13-305.
This rule does not impose any requirements that would create either any cost to or savings for local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
New Rule R765-1002 will not have any fiscal impact on small businesses.
There is no fiscal impact on small businesses because this new rule provides for the administration of the UDRC participating state agency access program established under Section 53H-13-305.
This rule does not impose any requirements that would create either any cost to or savings for small businesses.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
New Rule R765-1002 will not have any fiscal impact on non-small businesses.
There is no fiscal impact on non-small businesses because this new rule provides for the administration of the UDRC participating state agency access program established under Section 53H-13-305.
This rule does not impose any requirements that would create either any cost to or savings for non-small businesses.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
New Rule R765-1002 will not have any fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities.
There is no fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities because this new rule provides for the administration of the UDRC participating state agency access program established under Section 53H-13-305.
This rule does not impose any requirements that would create either any cost to or savings for persons other than small businesses, non-small businesses, state, or local government entities.
F. Compliance costs for affected persons:
This rule does not impose any compliance costs for affected persons because this new rule provides for the administration of the UDRC participating state agency access program established under Section 53H-13-305 and the rule's requirements do not impose or create any compliance costs.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Utah Commissioner of Higher Education, Geoffrey Landward, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
B. Summary of reasonable alternatives or modifications:
The Utah Board of Higher Education does not expect that the implementation of new proposed Rule R765-1002 will have a measurable negative impact on family health, stability, or formation, and as such, no alternatives or modifications are necessary.
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Alison Adams, Board Secretary and
Designee
R765. Higher Education (Utah Board of), Administration.
R765-1002. UDRC Participating State Agency Access. To provide for the administration of the Utah Data Research Center (UDRC) participating state agency access program established under Section 53H-15-305. This rule is authorized by Subsection 53H-15-305(6). R765-1002-3. Definitions. Except as provided in Subsection R765-1002-3(7), the definitions in Sections 53H-1-101, 53H-15-101, and 63A-19-101 apply to this rule. (1) "Accessing agency" means a department, division, office, entity, agency, or other unit of state government that requests access to, or receives, data through the UDRC state agency access program. (2) "Agency data" means program data associated with a specific participating state agency by being: (a) provided by the participating state agency; or (b) derived from data provided by the participating state agency. (3) "Aggregate data" has the meaning given in Section 53H-14-101. (4) "Data exchange service" means a technical service administered by the UDRC state agency access program that makes specific agency data available to an accessing agency. (5) "Data exchange service request" means a request by an accessing agency for access to a data exchange service that meets the requirements under Subsection (2). (6) "Data subject" means the person about whom information is stored by the UDRC state agency access program in a physical or electronic record. (7) "De-identified data" has the meaning given in Section 53H-15-101. (8) "Exchanged data" means data made available to an accessing agency by the UDRC state agency access program through a data exchange service. (9) "Operational transactional purpose" means the processing of data regarding an individual by an accessing agency to provide goods or services to the individual. (10) "Participation agreement" means a written agreement establishing the terms and conditions under which a participating state agency provides data to the UDRC state agency access program. (11) "Program data" means data that the UDRC processes under the state agency access program. (12) "Providing state agency" means the participating state agency associated with the agency data made available to accessing agencies as exchanged data through a data exchange service. (13) "State agency access program" means the participating state agency access program established under Section 53H-15-305. R765-1002-4. Participation Agreements. (1) The UDRC shall enter into a participation agreement with a participating state agency before collecting data for use in the state agency access program. (2) A participation agreement shall include the following minimum elements: (a) specifying the personal data that the participating state agency will share with the UDRC; (b) defining the purposes for which the UDRC may use the personal data contributed by the participating state agency; (c) identifying the data exchange services that the UDRC will administer using the participating state agency's data; (d) stating which accessing agencies may access the participating state agency's data; (e) requiring the UDRC to inform a participating state agency of each accessing agency's access to a data exchange service before the UDRC grants the accessing agency access to the data exchange service; (f) permitting a participating state agency to suspend or terminate: (i) a data exchange service; or (ii) an accessing agency's access to a data exchange service. 
