Maryland’s New Data Privacy Law: A Blueprint for Higher Education Institutions
In an era where data breaches and privacy concerns dominate headlines, Maryland has taken a significant step forward with its new law aimed at protecting sensitive student data in higher education institutions. This legislation mandates that universities implement robust measures to ensure the proper collection, storage, and protection of sensitive information. While at least 40 states already have laws addressing student privacy, many focus primarily on K–12 education. Maryland’s initiative signals a growing recognition that higher education institutions must also prioritize data privacy and cybersecurity.
Key Provisions of Maryland’s New Law
The Maryland law outlines several critical requirements that universities must adhere to, serving as a model for institutions nationwide. Below are some of the most important aspects of the legislation that universities should consider adopting to bolster their security posture and prepare for future regulations.
Privacy Governance and Risk Management Programs
One of the cornerstone requirements of the new Maryland law is the establishment of a comprehensive privacy governance and risk management program. This program is designed to help institutions comply with essential data privacy regulations, protect sensitive information, and effectively manage security risks.
Under the law, universities must implement data encryption and outline procedures to address various security threats. Additionally, the program must be periodically reviewed by a third-party expert in information security. While this level of scrutiny is not yet mandated at the federal level, it is a prudent practice for any institution, given the rapidly evolving landscape of privacy regulations and best practices.
Transparency Through Privacy Notices
Maryland universities are now required to display clear privacy notices prominently on their websites. This practice, already mandated in several states, ensures that students and families are informed about their rights and the institution’s data practices.
The law builds on existing regulations like the Gramm-Leach-Bliley Act (GLBA) and the Family Educational Rights and Privacy Act (FERPA), which require transparency regarding information-sharing practices. Under the new Maryland statute, institutions must establish a process for individuals to access their personally identifiable information (PII) and request corrections or deletions. Furthermore, universities are now limited to collecting only the necessary PII and must provide remedies for individuals affected by data breaches.
Rigorous Standards for Third-Party Vendors
As universities increasingly rely on third-party vendors for various services, the new Maryland law emphasizes the importance of integrating data privacy into these relationships. Institutions must include specific language in contracts with third-party vendors, ensuring compliance with the university’s privacy governance policy.
Moreover, vendors are required to implement "reasonable" security controls to protect sensitive data. The law also prohibits universities from disclosing sensitive data to third parties, except for contractors handling PII, without the individual’s consent. By holding third-party vendors to the same cybersecurity standards as the institution itself, universities can better safeguard their data and mitigate risks associated with external partnerships.
A Model for the Future
While Maryland’s new law comes into effect on October 1, it serves as a blueprint for higher education institutions across the country. As data privacy concerns continue to escalate, it is only a matter of time before similar regulations emerge at the state or federal level.
Institutions that proactively adopt these practices will not only lower their risk of cyberattacks but also position themselves favorably in anticipation of future regulatory changes. By prioritizing data privacy and cybersecurity, universities can foster a culture of trust and transparency, ultimately enhancing the educational experience for students and families alike.
Conclusion
Maryland’s new data privacy law is a significant step forward in the ongoing effort to protect sensitive information in higher education. By implementing privacy governance and risk management programs, ensuring transparency through privacy notices, and establishing rigorous standards for third-party vendors, universities can create a safer environment for their students. As the landscape of data privacy continues to evolve, institutions that embrace these changes will be better equipped to navigate the challenges ahead, ensuring that they remain at the forefront of data protection in the digital age.