NRS396.535. Form required for informed consent of students concerning release or disclosure of personally identifiable information.

      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 the student does not return the form indicating that his or her personally identifiable information must not be released or disclosed, then it is probable that the information will be released or disclosed.

             (2) If the student returns the form indicating that his or her 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 the student’s 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 the student does not authorize release or disclosure for those purposes without his or her consent;

      (b) Commercial purposes if the student has returned a form indicating that the student does not authorize release or disclosure for those purposes without his or her consent; or

      (c) Noncommercial purposes if the student has returned a form indicating that the student 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.

      (Added to NRS by 2003, 2486)