Bill Amendment: IL HB3606 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: STUDENT ONLINE PROTECTION

Status: 2019-08-23 - Public Act . . . . . . . . . 101-0516 [HB3606 Detail]

Download: Illinois-2019-HB3606-House_Amendment_003.html

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Rep. Robert Martwick

Filed: 4/9/2019

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AMENDMENT TO HOUSE BILL 3606
AMENDMENT NO. ______. Amend House Bill 3606 by replacing
everything after the enacting clause with the following:
"Section 5. The Student Online Personal Protection Act is
amended by changing Sections 5, 10, and 15 and by adding
Sections 26, 27, 28, and 33 as follows:
(105 ILCS 85/5)
Sec. 5. Definitions. In this Act:
"Breach" means the unauthorized disclosure of data or
unauthorized provision of physical or electronic means of
gaining access to data that compromises the security,
confidentiality, or integrity of covered information.
"Covered information" means personally identifiable
information or material or information that is linked to
personally identifiable information or material in any media or
format that is not publicly available and is any of the

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following:
(1) Created by or provided to an operator by a student
or the student's parent or legal guardian in the course of
the student's, parent's, or legal guardian's use of the
operator's site, service, or application for K through 12
school purposes.
(2) Created by or provided to an operator by an
employee or agent of a school or school district for K
through 12 school purposes.
(3) Gathered by an operator through the operation of
its site, service, or application for K through 12 school
purposes and personally identifies a student, including,
but not limited to, information in the student's
educational record or electronic mail, first and last name,
home address, telephone number, electronic mail 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, a 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.
"Interactive computer service" has the meaning ascribed to
that term in Section 230 of the federal Communications Decency

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Act of 1996 (47 U.S.C. 230).
"K through 12 school purposes" means purposes that are
directed by or that customarily take place at the direction of
a school, teacher, or school district; 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 otherwise for the use and
benefit of the school.
"Longitudinal data system" has the meaning given to that
term under the P-20 Longitudinal Education Data System Act.
"Operator" means, to the extent that an entity is operating
in this capacity, the operator of an Internet website, online
service, online application, or mobile application with actual
knowledge that the site, service, or application is used
primarily for K through 12 school purposes and was designed and
marketed for K through 12 school purposes.
"Parent" has the meaning given to that term under the
Illinois School Student Records Act.
"School" means (1) any preschool, public kindergarten,
elementary or secondary educational institution, vocational
school, special educational facility, or any other elementary
or secondary educational agency or institution or (2) any
person, agency, or institution that maintains school student
records from more than one school. Except as otherwise provided
in this Act, "school" "School" includes a private or nonpublic

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school.
"State Board" means the State Board of Education.
"Student" has the meaning given to that term under the
Illinois School Student Records Act.
"Targeted advertising" means presenting advertisements to
a student where the advertisement is selected based on
information obtained or inferred over time from that student's
online behavior, usage of applications, or covered
information. The term does not include advertising to a student
at an online location based upon that student's current visit
to that location or in response to that student's request for
information or feedback, without the retention of that
student's online activities or requests over time for the
purpose of targeting subsequent ads.
(Source: P.A. 100-315, eff. 8-24-17.)
(105 ILCS 85/10)
Sec. 10. Operator prohibitions. An operator shall not
knowingly do any of the following:
(1) Engage in targeted advertising on the operator's
site, service, or application or target advertising on any
other site, service, or application if the targeting of the
advertising is based on 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 for K through 12 school

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purposes.
(2) Use information, including persistent unique
identifiers, created or gathered by the operator's site,
service, or application to amass a profile about a student,
except in furtherance of K through 12 school purposes.
"Amass a profile" does not include the collection and
retention of account information that remains under the
control of the student, the student's parent or legal
guardian, or the school.
(3) Sell or rent a student's information, including
covered information. This subdivision (3) does not apply to
the purchase, merger, or other type of acquisition of an
operator by another entity if the operator or successor
entity complies with this Act regarding previously
acquired student information.
(4) Except as otherwise provided in Section 20 of this
Act, disclose covered information, unless the disclosure
is made for the following purposes:
(A) In furtherance of the K through 12 school
purposes of the site, service, or application if the
recipient of the covered information disclosed under
this clause (A) does not further disclose the
information, unless done to allow or improve
operability and functionality of the operator's site,
service, or application.
(B) To ensure legal and regulatory compliance or

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take precautions against liability.
(C) To respond to the judicial process.
(D) To protect the safety or integrity of users of
the site or others or the security of the site,
service, or application.
(E) For a school, educational, or employment
purpose requested by the student or the student's
parent or legal guardian, provided that the
information is not used or further disclosed for any
other purpose.
(F) To a third party if the operator contractually
prohibits the third party from using any covered
information for any purpose other than providing the
contracted service to or on behalf of the operator,
prohibits the third party from disclosing any covered
information provided by the operator with subsequent
third parties, and requires the third party to
implement and maintain reasonable security procedures
and practices as required under Section 15.
Nothing in this Section prohibits the operator's use of
information for maintaining, developing, supporting,
improving, or diagnosing the operator's site, service, or
application.
(Source: P.A. 100-315, eff. 8-24-17.)
(105 ILCS 85/15)

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Sec. 15. Operator duties. An operator shall do the
following:
(1) Implement and maintain reasonable security
procedures and practices appropriate to the nature of the
covered information and designed to protect that covered
information from unauthorized access, destruction, use,
modification, or disclosure that, based on the sensitivity
of the data and the risk from unauthorized access, (i) use
technologies and methodologies that are consistent with
the U.S. Department of Commerce's National Institute of
Standards and Technology's Framework for Improving
Critical Infrastructure Cybersecurity Version 1.1 and any
updates to it or (ii) maintain technical safeguards as they
relate to the possession of covered information in a manner
consistent with the provisions of 45 CFR 164.312.
(2) Delete, within a reasonable time period, a
student's covered information if the school or school
district requests deletion of covered information under
the control of the school or school district, unless a
student or his or her parent or legal guardian consents to
the maintenance of the covered information.
(3) Publicly disclose material information about its
collection, use, and disclosure of covered information,
including, but not limited to, publishing a terms of
service agreement, privacy policy, or similar document.
(4) Except for a nonpublic school, for any operator who

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seeks to receive from a school, school district, or the
State Board in any manner any covered information, enter
into a written agreement with the school, school district,
or State Board before the covered information may be
transferred. The written agreement may be created in
electronic form and signed with an electronic or digital
signature or may be a click wrap agreement that is used
with software licenses, downloaded or online applications
and transactions for educational technologies, or other
technologies in which a user must agree to terms and
conditions before using the product or service. The written
agreement must contain all of the following:
(A) A listing of the categories or types of covered
information to be provided to the operator.
(B) A statement of the product or service being
provided to the school by the operator.
(C) A statement that the operator is acting as a
school official with a legitimate educational
interest, is performing an institutional service or
function for which the school would otherwise use
employees, under the direct control of the school, with
respect to the use and maintenance of covered
information, and is using the covered information only
for an authorized purpose and may not re-disclose it to
third parties or affiliates, unless otherwise
permitted under this Act, without permission from the

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school or pursuant to court order.
(D) A description of how, if a breach is attributed
to the operator, any costs and expenses incurred by the
school in investigating and remediating the breach
will be allocated between the operator and the school.
The costs and expenses may include, but are not limited
to:
(i) providing notification to the parents of
those students whose covered information was
compromised and to regulatory agencies or other
entities as required by law or contract;
(ii) providing credit monitoring to those
students whose covered information was exposed in
a manner during the breach that a reasonable person
would believe that it could impact his or her
credit or financial security;
(iii) legal fees, audit costs, fines, and any
other fees or damages imposed against the school as
a result of the security breach; and
(iv) providing any other notifications or
fulfilling any other requirements adopted by the
State Board or of any other State or federal laws.
(E) A statement that the operator must delete or
transfer to the school all covered information if the
information is no longer needed for the purposes of the
written agreement and to specify the time period in

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which the information must be deleted or transferred
once the operator is made aware that the information is
no longer needed for the purposes of the written
agreement.
(F) A statement that the school must publish the
written agreement on the school's website. If mutually
agreed upon by the school and the operator, provisions
of the written agreement, other than those under
subparagraphs (A), (B), and (C), may be redacted in the
copy of the written agreement published on the school's
website.
(5) In case of any breach, within the most expedient
time possible and without unreasonable delay, but no later
than 30 calendar days after the determination that a breach
has occurred, notify the school of any breach of the
students' covered information.
(Source: P.A. 100-315, eff. 8-24-17.)
(105 ILCS 85/26 new)
Sec. 26. School prohibitions. A school may not do either of
the following:
(1) Sell, rent, lease, or trade covered information.
(2) Share, transfer, disclose, or provide access to a
student's covered information to an entity or individual,
other than the student's parent or the State Board, without
a written agreement, unless the disclosure or transfer is:

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(A) to the extent permitted by federal law, to law
enforcement officials to protect the safety of users or
others or the security or integrity of the operator's
service;
(B) required by court order or State or federal
law; or
(C) to ensure legal or regulatory compliance.
This paragraph (2) does not apply to nonpublic schools.
(105 ILCS 85/27 new)
Sec. 27. School duties.
(a) Each school shall post and maintain on its website all
of the following information:
(1) An explanation, that is clear and understandable by
a layperson, of the data elements of covered information
that the school collects, maintains, or discloses to any
person, entity, third party, or governmental agency. The
information must explain how the school uses, to whom or
what entities it discloses, and for what purpose it
discloses the covered information.
(2) A list of operators that the school has written
agreements with, a copy of each written agreement, and a
business address for each operator.
(3) For each operator, a list of any subcontractors to
whom covered information may be disclosed under Section 15.
(4) A written description of the procedures that a

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parent may use to carry out the rights enumerated under
Section 33.
(5) A list of any breaches of covered information
maintained by the school or breaches under Section 15 that
includes, but is not limited to, all of the following
information:
(A) The number of students whose covered
information is involved in the breach.
(B) The date, estimated date, or estimated date
range of the breach.
(C) For a breach under Section 15, the name of the
operator.
The school must, at a minimum, update the items under
paragraphs (1), (3), (4), and (5) no later than 30 calendar
days following the start of a school year and no later than 30
days following the beginning of a calendar year.
(b) Each school must adopt a policy designating which
school employees are authorized to enter into written
agreements with operators. This subsection may not be construed
to limit individual school employees outside of the scope of
their employment from entering into agreements with operators
on their own behalf and for non-K through 12 school purposes,
provided that no covered information is provided to the
operators. Any agreement or contract entered into in violation
of this Act is void and unenforceable as against public policy.
(c) A school must post on its website each written

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agreement entered into under this Act, along with any
information required under subsection (a), no later than 5
business days after entering into the agreement.
(d) After receipt of notice of a breach under Section 15 or
determination of a breach of covered information maintained by
the school, a school shall electronically notify, no later than
30 calendar days after receipt of the notice or determination
that a breach has occurred, the parent of any student whose
covered information is involved in the breach. The notification
must include, but is not limited to, all of the following:
(1) The date, estimated date, or estimated date range
of the breach.
(2) A description of the covered information that was
compromised or reasonably believed to have been
compromised in the breach.
(3) Information that the parent may use to contact the
operator and school to inquire about the breach.
(4) The toll-free numbers, addresses, and websites for
consumer reporting agencies.
(5) The toll-free number, address, and website for the
Federal Trade Commission.
(6) A statement that the parent may obtain information
from the Federal Trade Commission and consumer reporting
agencies about fraud alerts and security freezes.
(e) Each school must implement and maintain security
procedures and practices designed to protect covered

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information from unauthorized access, destruction, use,
modification, or disclosure that, based on the sensitivity of
the covered information and the risk from unauthorized access,
(i) use technologies and methodologies that are consistent with
the U.S. Department of Commerce's National Institute of
Standards and Technology's Framework for Improving Critical
Infrastructure Cybersecurity Version 1.1 and any updates to it
or (ii) maintain technical safeguards as they relate to the
possession of student records in a manner consistent with the
provisions of 45 CFR 164.312.
(f) Each school shall designate an appropriate staff person
as a privacy officer, who may also be an official records
custodian as designated under the Illinois School Student
Records Act, to carry out the duties and responsibilities
assigned to schools and to ensure compliance with the
requirements of this Section and Section 26.
(g) A school shall make a request, pursuant to paragraph
(2) of Section 15, to an operator to delete covered information
on behalf of a student's parent if the parent requests from the
school that the student's covered information held by the
operator be deleted, so long as the deletion of the covered
information is not in violation of the Illinois School Student
Records Act.
(h) This Section does not apply to nonpublic schools.
(105 ILCS 85/28 new)

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Sec. 28. State Board duties.
(a) The State Board may not sell, rent, lease, or trade
covered information.
(b) The State Board may not share, transfer, disclose, or
provide covered information to an entity or individual without
a contract or written agreement, except for disclosures
required by federal law to federal agencies.
(c) At least twice annually, the State Board must publish
and maintain on its website a list of all of the entities or
individuals, including, but not limited to, operators,
individual researchers, research organizations, institutions
of higher education, or government agencies, that the State
Board contracts with or has agreements with and that hold
covered information and a copy of each contract or agreement.
The list must include all of the following information:
(1) The name of the entity or individual. In naming an
individual, the list must include the entity that sponsors
the individual or with which the individual is affiliated,
if any. If the individual is conducting research at an
institution of higher education, the list may include the
name of that institution and a contact person in the
department that is associated with the research in lieu of
the name of the researcher. If the entity is an operator,
the list must include its business address.
(2) The purpose and scope of the contract or agreement.
(3) The duration of the contract or agreement.

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(4) The types of covered information that the entity or
individual holds under the contract or agreement.
(5) The use of the covered information under the
contract or agreement.
(6) The length of time for which the entity or
individual may hold the covered information.
(7) A list of any subcontractors to whom covered
information may be disclosed under Section 15.
(d) The State Board shall create, publish, and make
publicly available an inventory, along with a dictionary or
index of data elements and their definitions, of covered
information collected or maintained by the State Board,
including, but not limited to, both of the following:
(1) Covered information that schools are required to
report to the State Board by State or federal law.
(2) Covered information in the State longitudinal data
system or any data warehouse used by the State Board to
populate the longitudinal data system.
The inventory shall make clear for what purposes the State
Board uses the covered information.
(e) The State Board shall develop, publish, and make
publicly available, for the benefit of schools, model student
data privacy policies and procedures that comply with relevant
State and federal law, including, but not limited to, a model
notice that schools must use to provide notice to parents and
students about operators. The notice must state, in general

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terms, the types of student data that are collected by the
schools and shared with operators under this Act and the
purposes of collecting and using the student data. After
creation of the notice under this subsection, a school shall,
at the beginning of each school year, provide the notice to
parents by the same means generally used to send notices to
them. This subsection does not apply to nonpublic schools.
(105 ILCS 85/33 new)
Sec. 33. Parent and student rights.
(a) A student's covered information is the sole property of
the student's parent.
(b) A student's covered information shall be collected only
for K through 12 school purposes and not further processed in a
manner that is incompatible with those purposes.
(c) A student's covered information shall only be adequate,
relevant, and limited to what is necessary in relation to the K
through 12 school purposes for which it is processed.
(d) Except for a parent of a student enrolled in a
nonpublic school, the parent of a student enrolled in a school
has the right to all of the following:
(1) Inspect and review the student's covered
information, regardless of whether it is maintained by the
school, the State Board, or an operator.
(2) Request from a school a paper or electronic copy of
the student's covered information, including covered

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information maintained by an operator or the State Board.
If a parent requests an electronic copy of the student's
covered information under this paragraph, the school must
provide an electronic copy of that information, unless the
school does not maintain the information in an electronic
format and reproducing the information in an electronic
format would be unduly burdensome to the school. If a
parent requests a paper copy of the student's covered
information, the school may charge the parent the
reasonable cost for copying the information in an amount
not to exceed the amount fixed in a schedule adopted by the
State Board, except that no parent may be denied a copy of
the information due to the parent's inability to bear the
cost of the copying. The State Board must adopt rules on
the methodology and frequency of requests under this
paragraph.
(3) Request corrections of factual inaccuracies
contained in the student's covered information. After
receiving a request for corrections that documents a
factual inaccuracy, a school must do either of the
following:
(A) Confirm the correction with the parent within
90 calendar days after receiving the parent's request
if the school or State Board maintains the covered
information that contains the factual inaccuracy.
(B) Notify the operator who must confirm the

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correction with the parent within 90 calendar days
after receiving the parent's request if the covered
information that contains the factual inaccuracy is
maintained by an operator.
(e) Nothing in this Section shall be construed to limit the
rights granted to parents and students under the Illinois
School Student Records Act.
Section 99. Effective date. This Act takes effect July 1,
2021.".