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Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person.
Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose encrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person and the encryption key or security credential was, or is reasonably believed to have been, acquired by an unauthorized person and the agency that owns or licenses the encrypted information has a reasonable belief that the encryption key or security credential could render that personal information readable or usable.
The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c).
The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Fewer universities (77%) claim ownership of internal teaching materials than e-learning materials (84%). Only 20% address performance rights, 46% address rights of non-employees, and 44% address rights on termination of contract.
Many of these claim that "the answer to who owns the [intellectual] property depends on the condition in which it was produced" (Rhoades 1998). Loggie et al. (2006) suggests that those conditions might include whether the teaching materials were commissioned, whether the authors were compensated, and whether there was significant use of university resources in their creation. Monotti and Rickeston (2003) drew similar conclusions, with the addition that "the classification of the originator" and "the material in respect of which such claims were advanced" were also factors.
Authors are in the end as mobile as their works and will gravitate to institutions where online copyright issues are sensitively handled. What is needed is the transfer of sufficient rights to accommodate course management without sacrificing mobility and academic freedom.
Academic employees rarely remain at one institution for the whole of their careers. Questions are therefore raised as to what happens to the teaching materials when the author is no longer at the university.
If the university claims ownership or at least refuses to permit an academic to take a copy with them, this might constitute a Restraint of Trade, invoking legislation that protects an individual’s rights to continue practising their trade when they move from one employer to another (McCann 2014).
If the university claims ownership but licenses rights back to the academic – do the rights continue when they leave the university?
If the university relinquishes ownership but claims a license to reuse the teaching materials, does this continue beyond the life of the employment contract?
Finally, if the academic is the designated rightsholder and as such has asserted their moral rights in, say, a videoed performance, what happens when the university wants to make subsequent changes to it?
Each recipient of Federal funds under any applicable program through any grant, subgrant, cooperative agreement, loan, or other arrangement shall keep records which fully disclose the amount and disposition by the recipient of those funds.
Each recipient of Federal funds under any applicable program through any grant, subgrant, cooperative agreement, loan, or other arrangement shall keep records which fully disclose the total cost of the activity for which the funds are used.
Each recipient of Federal funds under any applicable program through any grant, subgrant, cooperative agreement, loan, or other arrangement shall keep records which fully disclose the share of that cost provided from other sources.
Each recipient of Federal funds under any applicable program through any grant, subgrant, cooperative agreement, loan, or other arrangement shall keep records which fully disclose other records as will facilitate an effective financial or programmatic audit.
The recipient shall maintain such records for five years after the completion of the activity for which the funds are used.
The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit examination, to any records maintained by a recipient that may be related, or pertinent to, grants, subgrants, cooperative agreements, loans, or other arrangements, or which may relate to the compliance of the recipient with any requirement of an applicable program.
No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, the right to inspect and review the education records of their children.
If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material.
Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made.
Students shall not have available in institutions of postsecondary education the financial records of the parents of the student or any information contained therein.
Students shall not have available in institutions of postsecondary education the confidential letters and statements of recommendation, which were placed in the education records prior to January 1, 1975.
A student or a person applying for admission may waive his right of access to confidential statements.
A student or a person applying for admission may waive his right of access to confidential statements, except that such waiver shall apply to recommendations only if the student is, upon request, notified of the names of all persons making confidential recommendations.
A student or a person applying for admission may waive his right of access to confidential statements, except that such waiver shall apply to recommendations only if such recommendations are used solely for the purpose for which they were specifically intended.
Waivers for right of access may not be required as a condition for admission to such agency or institution.
Waivers for right of access may not be required as a receipt of financial aid from such agency or institution.
Waivers for right of access may not be required as a receipt of any other services or benefits from such agency or institution.
No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such student’s education records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students.
No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein.
No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity to insert into such records a written explanation of the parents respecting the content of such records.
‘‘Educational agency or institution’’ means any public or private agency or institution which is the recipient of funds under any applicable program.
The term ‘‘education records’’ means those records, files, documents, and other materials which contain information directly related to a student.
The term ‘‘education records’’ means those records, files, documents, and other materials which are maintained by an educational agency or institution or by a person acting for such agency or institution.
The term ‘‘education records’’ does not include records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute.
The term ‘‘education records’’ does not include records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement.
The term ‘‘education records’’ does not include, in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that person’s capacity as an employee and are not available for use for any other purpose.
The term ‘‘education records’’ does not include records on a student who is eighteen years of age or older.
The term ‘‘education records’’ does not include records on a student who is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student’s choice.
The term ‘‘directory information’’ relating to a student includes the following: the student’s name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.
Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency.
Any educational agency or institution making public directory information shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parent’s prior consent.
The term ‘‘student’’ includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information.
The term ‘‘student’’ does not include a person who has not been in attendance at such agency or institution.
No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information) of students without the written consent of their parents to any individual, agency, or organization.
No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required.
No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the student’s parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record.
No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to authorized representatives of (I) the Comptroller General of the United States, (II) the Secretary, or (III) State educational authorities, or (ii) authorized representatives of the Attorney General for law enforcement purposes.
No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information) of students without the written consent of their parents to any individual, agency, or organization, other than in connection with a student’s application for, or receipt of, financial aid.
No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information) of students without the written consent of their parents to any individual, agency, or organization, other than State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed if the allowed reporting or disclosure concerns the juvenile justice system and such system’s ability to effectively serve the student whose records are released.
No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information) of students without the written consent of their parents to any individual, agency, or organization, other than State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted after November 19, 1974, if the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student.
No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information) of students without the written consent of their parents to any individual, agency, or organization, other than organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted.
No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information) of students without the written consent of their parents to any individual, agency, or organization, other than accrediting organizations in order to carry out their accrediting functions.
No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information) of students without the written consent of their parents to any individual, agency, or organization, other than parents of a dependent student of such parents, as defined in section 152 of title 26.
No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information) of students without the written consent of their parents to any individual, agency, or organization, subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons.
No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information) of students without the written consent of their parents to any individual, agency, or organization, other than the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution (and any officer, director, employee, agent, or attorney for such agency or institution) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena.