DATA USE AGREEMENT
TERMS OF DATA USE:
INTERNAL DISCLOSURES OF MIT DATA
These Terms of Data Use (“TOU”) are agreed as of [DATE] (the “Effective Date”
between [NAME] (the “Principal Investigator”), and the Massachusetts Institute of
Technology (“MIT”).
RECITALS
A. MIT collects data from individuals and stores in various databases overseen by
different organizations including, but not limited to the Registrar, Financial Aid,
Human Resources, the Alumni Association and the Institutional Research Group
in the Office of the Provost.
B. These databases may include Education Records containing Personally
Identifiable Information.
C. The Family Educational Rights and Privacy Act and its supporting regulations
permit MIT to disclose Personally Identifiable Information about Students from
Education Records:
a. To “school officials, including teachers” at MIT whom MIT “has
determined to have legitimate educational interests.” 34 C.F.R.
§ 99.31(a)(1)(i)(A).
b. To researchers under certain conditions for the purpose of developing,
validating, or administering predictive tests; administering student aid
programs; and improving instruction. 34 C.F.R. § 99.31(a) (6).
D. Through the Institutional Research Group in the Office of the Provost, MIT may
determine that certain Studies proposed by the Principal Investigator meet both of
the requirements specified in FERPA for unconsented disclosure of Personally
Identifiable Information from Education Records.
The parties therefore agree to the following terms and conditions:
1. ADDITIONAL DEFINITIONS. —
a. “Disclosure Addendum” is a document (to be attached) that identifies a
Study, the applicable Study Group, the particular MIT Data to be
disclosed, and any terms, conditions, and restrictions on access, use, and
disclosure of MIT Data that vary from or supplement those set forth in
these TOU.
b. “FERPA” means the Family Educational Rights and Privacy Act (20
U.S.C. § 1232g) and regulations promulgated thereunder by the U.S
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Department of Education (34 C.F.R. Part 99), as amended or otherwise
modified from time to time.
c. “MIT Data” means data relating to an individual’s association with MIT
as a student, alumnus, employee, visitor or affiliate. MIT Data may
include Education Records.
d. “Study” means a research study identified and described in a Disclosure
Addendum.
e. “The Study Group” means the MIT faculty, fellows, students, and staff
listed in a Disclosure Addendum who need to access or use the MIT Data
in order to perform a Study.
f. Other capitalized terms that are not defined elsewhere in this Agreement
have the meanings given to them under the FERPA regulations, 34 C.F.R.
pt. 99.
2. MIT contemplates disclosing MIT Data to the Principal Investigator in connection
with one or more studies. MIT and the Principal Investigator shall execute in
connection with each Study a Disclosure Addendum. The specific provisions of a
fully-executed Disclosure Addendum will control over any conflicting provisions
in these Data Use Agreement.
3. Upon receipt of documentation of (a) COUHES’s approval or exempt treatment
of a Study protocol, and (b) documentation that all proposed members of the
Study Group have successfully completed the CITI Human Subjects Research
Training course, MIT will disclose to the Study Group the MIT Data identified in
the applicable Disclosure Addendum.
4. A Study Group may use the MIT Data solely for the purpose of conducting the
Study identified in this application.
5. A Study Group shall conduct the Study in a manner that does not disclose
Personally Identifiable Information from Education Records to anyone other than
members of the Study Group.
6. A Study Group shall not publish, display, disclose or distribute any of the
MIT Data to any third party. The Study Group shall not disclose any of the
MIT Data to collaborating researchers at any outside institution, unless and
until said outside researchers or their institutions have signed a separate
Data Use Agreement with MIT regarding their access to and use of MIT
Data. Requests from outside the Study Group for access to MIT Data should be
referred to the Institutional Research Group in the Office of the Provost.
7. A Study Group shall ensure that all MIT Data in its possession are kept
“encrypted at rest” and “encrypted in transit.” A Study Group may at its option
apply additional security protections.
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8. Unless otherwise specified in a Disclosure Addendum, each Disclosure
Addendum will expire one year from the Effective Date. A Study Group may
request, and absent good cause not to do so MIT shall grant, continued access to
the MIT Data under the terms of the Disclosure Addendum for unlimited
additional renewal terms of up to one year each.
9. Upon expiration of a Disclosure Addendum, a Study Group shall destroy any
materials in its possession that contain MIT Data disclosed under that Disclosure
Addendum. Notwithstanding the foregoing, the Study Group may keep fully deidentified data extracted from the MIT Data that the Study Group has used to
support the Study and any of its associated publications, for as long as is
customary in academia to maintain such supporting data.
10. The Principal Investigator (s) shall provide the Institutional Research Group in the
Office of the Provost with a copy of any article or other scholarly work arising
from its access to MIT Data, either prior to or contemporaneously with
submission of the manuscript for publication.
Dated:
MASSACHUSETTS INSTITUTE OF
TECHNOLOGY
By:
Lydia S. Snover
Director of Institutional Research
Dated:
[MIT PI/RESEARCH UNIT]
By:
[PRINCIPAL INVESTIGATOR]
[MIT APPOINTMENT/ TITLE]
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