Bill Text: CA SB1177 | 2013-2014 | Regular Session | Chaptered
Bill Title: Privacy: students.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State. Chapter 839, Statutes of 2014. [SB1177 Detail]
Download: California-2013-SB1177-Chaptered.html
BILL NUMBER: SB 1177 CHAPTERED
BILL TEXT
CHAPTER 839
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 26, 2014
PASSED THE ASSEMBLY AUGUST 25, 2014
AMENDED IN ASSEMBLY AUGUST 21, 2014
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN ASSEMBLY JULY 2, 2014
AMENDED IN ASSEMBLY JUNE 10, 2014
AMENDED IN ASSEMBLY JUNE 5, 2014
AMENDED IN SENATE APRIL 21, 2014
INTRODUCED BY Senator Steinberg
FEBRUARY 20, 2014
An act to add Chapter 22.2 (commencing with Section 22584) to
Division 8 of the Business and Professions Code, relating to privacy.
LEGISLATIVE COUNSEL'S DIGEST
SB 1177, Steinberg. Privacy: students.
Existing law, on and after January 1, 2015, prohibits an operator
of an Internet Web site or online service from knowingly using,
disclosing, compiling, or allowing a 3rd party to use, disclose, or
compile the personal information of a minor for the purpose of
marketing or advertising specified types of products or services.
Existing law also makes this prohibition applicable to an advertising
service that is notified by an operator of an Internet Web site,
online service, online application, or mobile application that the
site, service, or application is directed to a minor.
This bill would prohibit an operator of an Internet Web site,
online service, online application, or mobile application from
knowingly engaging in targeted advertising to students or their
parents or legal guardians, using covered information to amass a
profile about a K-12 student, selling a student's information, or
disclosing covered information, as provided. The bill would require
an operator to implement and maintain reasonable security procedures
and practices appropriate to the nature of the covered information,
to protect the information from unauthorized access, destruction,
use, modification, or disclosure, and to delete a student's covered
information if the school or district requests deletion of data under
the control of the school or district. The bill would authorize the
disclosure of covered information of a student under specified
circumstances. The bill's provisions would become operative January
1, 2016.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 22.2 (commencing with Section 22584) is added
to Division 8 of the Business and Professions Code, to read:
CHAPTER 22.2. STUDENT ONLINE PERSONAL INFORMATION PROTECTION
ACT
22584. (a) For the purposes of this section, "operator" means the
operator of an Internet Web site, online service, online
application, or mobile application with actual knowledge that the
site, service, or application is used primarily for K-12 school
purposes and was designed and marketed for K-12 school purposes.
(b) An operator shall not knowingly engage in any of the following
activities with respect to their site, service, or application:
(1) (A) Engage in targeted advertising on the operator's site,
service, or application, or (B) target advertising on any other site,
service, or application when the targeting of the advertising is
based upon any information, including covered information and
persistent unique identifiers, that the operator has acquired because
of the use of that operator's site, service, or application
described in subdivision (a).
(2) Use information, including persistent unique identifiers,
created or gathered by the operator's site, service, or application,
to amass a profile about a K-12 student except in furtherance of K-12
school purposes.
(3) Sell a student's information, including covered information.
This prohibition does not apply to the purchase, merger, or other
type of acquisition of an operator by another entity, provided that
the operator or successor entity continues to be subject to the
provisions of this section with respect to previously acquired
student information.
(4) Disclose covered information unless the disclosure is made:
(A) In furtherance of the K-12 purpose of the site, service, or
application, provided the recipient of the covered information
disclosed pursuant to this subparagraph:
(i) Shall not further disclose the information unless done to
allow or improve operability and functionality within that student's
classroom or school; and
(ii) Is legally required to comply with subdivision (d);
(B) To ensure legal and regulatory compliance;
(C) To respond to or participate in judicial process;
(D) To protect the safety of users or others or security of the
site; or
(E) To a service provider, provided the operator contractually (i)
prohibits the service provider from using any covered information
for any purpose other than providing the contracted service to, or on
behalf of, the operator, (ii) prohibits the service provider from
disclosing any covered information provided by the operator with
subsequent third parties, and (iii) requires the service provider to
implement and maintain reasonable security procedures and practices
as provided in subdivision (d).
(c) Nothing in subdivision (b) shall be construed to prohibit the
operator's use of information for maintaining, developing,
supporting, improving, or diagnosing the operator's site, service, or
application.
(d) An operator shall:
(1) Implement and maintain reasonable security procedures and
practices appropriate to the nature of the covered information, and
protect that information from unauthorized access, destruction, use,
modification, or disclosure.
(2) Delete a student's covered information if the school or
district requests deletion of data under the control of the school or
district.
(e) Notwithstanding paragraph (4) of subdivision (b), an operator
may disclose covered information of a student, as long as paragraphs
(1) to (3), inclusive, of subdivision (b) are not violated, under the
following circumstances:
(1) If other provisions of federal or state law require the
operator to disclose the information, and the operator complies with
the requirements of federal and state law in protecting and
disclosing that information.
(2) For legitimate research purposes: (A) as required by state or
federal law and subject to the restrictions under applicable state
and federal law or (B) as allowed by state or federal law and under
the direction of a school, school district, or state department of
education, if no covered information is used for any purpose in
furtherance of advertising or to amass a profile on the student for
purposes other than K-12 school purposes.
(3) To a state or local educational agency, including schools and
school districts, for K-12 school purposes, as permitted by state or
federal law.
(f) Nothing in this section prohibits an operator from using
deidentified student covered information as follows:
(1) Within the operator's site, service, or application or other
sites, services, or applications owned by the operator to improve
educational products.
(2) To demonstrate the effectiveness of the operator's products or
services, including in their marketing.
(g) Nothing in this section prohibits an operator from sharing
aggregated deidentified student covered information for the
development and improvement of educational sites, services, or
applications.
(h) "Online service" includes cloud computing services, which must
comply with this section if they otherwise meet the definition of an
operator.
(i) "Covered information" means personally identifiable
information or materials, in any media or format that meets any of
the following:
(1) Is created or provided by a student, or the student's parent
or legal guardian, to an operator in the course of the student's,
parent's, or legal guardian's use of the operator's site, service, or
application for K-12 school purposes.
(2) Is created or provided by an employee or agent of the K-12
school, school district, local education agency, or county office of
education, to an operator.
(3) Is gathered by an operator through the operation of a site,
service, or application described in subdivision (a) and is
descriptive of a student or otherwise identifies a student,
including, but not limited to, information in the student's
educational record or email, first and last name, home address,
telephone number, email address, or other information that allows
physical or online contact, discipline records, test results, special
education data, juvenile dependency records, grades, evaluations,
criminal records, medical records, health records, social security
number, biometric information, disabilities, socioeconomic
information, food purchases, political affiliations, religious
information, text messages, documents, student identifiers, search
activity, photos, voice recordings, or geolocation information.
(j) "K-12 school purposes" means purposes that customarily take
place at the direction of the K-12 school, teacher, or school
district or aid in the administration of school activities,
including, but not limited to, instruction in the classroom or at
home, administrative activities, and collaboration between students,
school personnel, or parents, or are for the use and benefit of the
school.
(k) This section shall not be construed to limit the authority of
a law enforcement agency to obtain any content or information from an
operator as authorized by law or pursuant to an order of a court of
competent jurisdiction.
( l ) This section does not limit the ability of an
operator to use student data, including covered information, for
adaptive learning or customized student learning purposes.
(m) This section does not apply to general audience Internet Web
sites, general audience online services, general audience online
applications, or general audience mobile applications, even if login
credentials created for an operator's site, service, or application
may be used to access those general audience sites, services, or
applications.
(n) This section does not limit Internet service providers from
providing Internet connectivity to schools or students and their
families.
(o) This section shall not be construed to prohibit an operator of
an Internet Web site, online service, online application, or mobile
application from marketing educational products directly to parents
so long as the marketing did not result from the use of covered
information obtained by the operator through the provision of
services covered under this section.
(p) This section does not impose a duty upon a provider of an
electronic store, gateway, marketplace, or other means of purchasing
or downloading software or applications to review or enforce
compliance of this section on those applications or software.
(q) This section does not impose a duty upon a provider of an
interactive computer service, as defined in Section 230 of Title 47
of the United States Code, to review or enforce compliance with this
section by third-party content providers.
(r) This section does not impede the ability of students to
download, export, or otherwise save or maintain their own student
created data or documents.
22585. This chapter shall become operative on January 1, 2016.
SEC. 2. The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
