Michigan Student Data Privacy Legal Compliance Guide

The following chart provides a brief overview of the laws of the state of Michigan addressing privacy and security of student data, and the corresponding provisions of Microsoft’s standard operating documents that demonstrate compliance with those laws and regulations.

Michigan’s Student Online Personal Protection Act is codified at MCL 388.1291 et seq.  As an entity that provides online services, Microsoft is an “operator” within the meaning of the Act. 

Microsoft’s standard Online Services Data Protection Addendum (“DPA”) addresses the requirements imposed on operators by Michigan’s statutory framework.  The DPA sets forth Microsoft’s standard obligations with respect to the processing and security of customer data and personal data in connection with Microsoft’s provision of online services. 

The reference chart below briefly identifies those provisions of Michigan law that are applicable to operators such as Microsoft, and the relevant provision(s) from Microsoft’s DPA that addresses Microsoft’s compliance with that requirement.

Michigan Law ProvisionCompliant Microsoft Provision(s)
MCL 388.1295(1)(a)
Targeted advertising based on information, including covered information
Microsoft Online Services Data Protection Addendum -> Data Protection Terms -> Nature of Data Processing; Ownership -> Processing to Provide Customer the Online Services
MCL 388.1295(1)(b)
Use of information to amass a profile about a student
Microsoft Online Services Data Protection Addendum -> Data Protection Terms -> Nature of Data Processing; Ownership -> Processing to Provide Customer the Online Services
MCL 388.1295(1)(c)
Selling or renting a student’s information
Microsoft Online Services Data Protection Addendum -> Data Protection Terms -> Nature of Data Processing; Ownership -> Processing to Provide Customer the Online Services
MCL 388.1295(1)(d)
No disclosure of covered information unless based on defined exceptions
Microsoft Online Services Data Protection Addendum -> Data Protection Terms -> Disclosure of Processed Data

See also Microsoft Online Services Data Protection Addendum -> Data Protection Terms -> Nature of Data Processing; Ownership -> Processing for Microsoft’s Legitimate Business Operations
MCL 388.1295(2)(a)
Operator’s duty to implement and maintain reasonable security procedures and practices
Microsoft Online Services Data Protection Addendum -> Data Protection Terms -> Data Security -> Security Practices and Policies

See also Microsoft Online Services Data Protection Addendum -> Appendix A – Security Measures
MCL 388.1295(2)(a)
Operator’s duty to implement and maintain reasonable security procedures and practices
Microsoft Online Services Data Protection Addendum -> Data Protection Terms -> Data Retention and Deletion