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-Senate_Amendment_002.html

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Sen. Omar Aquino

Filed: 5/15/2019

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AMENDMENT TO HOUSE BILL 3606
AMENDMENT NO. ______. Amend House Bill 3606, AS AMENDED, 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, 15, and 30 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 acquisition of
computerized data that compromises the security,
confidentiality, or integrity of covered information
maintained by an operator or school. "Breach" does not include
the good faith acquisition of personal information by an
employee or agent of an operator or school for a legitimate
purpose of the operator or school if the covered information is

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not used for a purpose prohibited by this Act or subject to
further unauthorized disclosure.
"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
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 or , 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,

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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
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,

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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
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

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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
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

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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
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

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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)
Sec. 15. Operator duties. An operator shall do the
following:
(1) Implement and maintain reasonable security
procedures and practices that otherwise meet or exceed
industry standards appropriate to the nature of the covered
information and designed to protect that covered
information from unauthorized access, destruction, use,
modification, or disclosure.
(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
seeks to receive from a school, school district, or the

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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. Any written
agreement entered into, amended, or renewed 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, pursuant to the federal
Family Educational Rights and Privacy Act of 1974, 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,

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unless otherwise permitted under this Act, without
permission from the 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

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written agreement and to specify the time period in
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) If the school maintains a website, a statement
that the school must publish the written agreement on
the school's website. If the school does not maintain a
website, a statement that the school must make the
written agreement available for inspection by the
general public at its administrative office. 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 or made available at its
administrative office.
(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.
(6) Except for a nonpublic school, provide to the
school a list of any third parties or affiliates to whom
the operator is currently disclosing covered information
or has disclosed covered information. This list must, at a

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minimum, be updated and provided to the school by the
beginning of each State fiscal year and at the beginning of
each calendar year.
(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, school personnel, or the
State Board, without a written agreement, unless the
disclosure or transfer is:
(A) to the extent permitted by State or 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 or,

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if the school does not maintain a website, make available for
inspection by the general public at its administrative office
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. A copy of a written
agreement posted or made available by a school under this
paragraph may contain redactions, as provided under
subparagraph (F) of paragraph (4) of Section 15.
(3) For each operator, a list of any subcontractors to
whom covered information may be disclosed, as provided by
the operator to the school under paragraph (6) of Section
15.
(4) A written description of the procedures that a
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

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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 may omit from the list required under this
paragraph (5) (i) any breach in which, to the best of the
school's knowledge at the time of updating the list, the
number of students whose covered information is involved in
the breach is less than 10% of the school's enrollment,
(ii) any breach in which, at the time of posting the list,
the school is not required to notify the parent of a
student under subsection (d), (iii) any breach in which the
date, estimated date, or estimated date range in which it
occurred is earlier than July 1, 2021, or (iv) any breach
previously posted on a list under this paragraph (5) no
more than 5 years prior to the school updating the current
list.
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 fiscal 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

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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 or, if the school
does not maintain a website, make available at its
administrative office for inspection by the general public each
written agreement entered into under this Act, along with any
information required under subsection (a), no later than 10
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 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

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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 reasonable
security procedures and practices that otherwise meet or exceed
industry standards designed to protect covered information
from unauthorized access, destruction, use, modification, or
disclosure. Any written agreement under which the disclosure of
covered information between the school and a third party takes
place must include a provision requiring the entity to whom the
covered information is disclosed to implement and maintain
reasonable security procedures and practices that otherwise
meet or exceed industry standards designed to protect covered
information from unauthorized access, destruction, use,
modification, or disclosure. The State Board must make
available on its website a guidance document for schools
pertaining to reasonable security procedures and practices
under this subsection.
(f) Each school may designate an appropriate staff person
as a privacy officer, who may also be an official records
custodian as designated under the Illinois School Student

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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)
Sec. 28. State Board duties.
(a) The State Board may not sell, rent, lease, or trade
covered information.
(b) Except for an employee of the State Board or a State
Board official acting within his or her official capacity, 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 once 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

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of higher education, or government agencies, that the State
Board contracts with or has written agreements with and that
hold covered information and a copy of each contract or written
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.
(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.
If mutually agreed upon by the State Board and the
operator, provisions of a contract or written agreement, other

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than those pertaining to paragraphs (1) through (7), may be
redacted on the State Board's website.
(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
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

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them. This subsection does not apply to nonpublic schools.
(105 ILCS 85/30)
Sec. 30. Applicability. This Act does not do any of the
following:
(1) Limit the authority of a law enforcement agency to
obtain any content or information from an operator as
authorized by law or under a court order.
(2) Limit the ability of an operator to use student
data, including covered information, for adaptive learning
or customized student learning purposes.
(3) Apply to general audience Internet websites,
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.
(4) Limit service providers from providing Internet
connectivity to schools or students and their families.
(5) Prohibit an operator of an Internet website, online
service, online application, or mobile application from
marketing educational products directly to parents if the
marketing did not result from the use of covered
information obtained by the operator through the provision
of services covered under this Act.
(6) Impose a duty upon a provider of an electronic

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store, gateway, marketplace, or other means of purchasing
or downloading software or applications to review or
enforce compliance with this Act on those applications or
software.
(7) Impose a duty upon a provider of an interactive
computer service to review or enforce compliance with this
Act by third-party content providers.
(8) Prohibit students from downloading, exporting,
transferring, saving, or maintaining their own student
data or documents.
(9) Supersede the federal Family Educational Rights
and Privacy Act of 1974, or rules adopted pursuant to that
Act or the Illinois School Student Records Act, or any
rules adopted pursuant to those Acts.
(10) Prohibit an operator or school from producing and
distributing, free or for consideration, student class
photos and yearbooks to the school, students, parents, or
individuals authorized by parents and to no others, in
accordance with the terms of a written agreement between
the operator and the school.
(Source: P.A. 100-315, eff. 8-24-17.)
(105 ILCS 85/33 new)
Sec. 33. Parent and student rights.
(a) A student's covered information shall be collected only
for K through 12 school purposes and not further processed in a

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manner that is incompatible with those purposes.
(b) 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.
(c) 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
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

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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 and determining that a
factual inaccuracy exists, a school must do either of the
following:
(A) If the school maintains the covered
information that contains the factual inaccuracy,
correct the factual inaccuracy and confirm the
correction with the parent within 90 calendar days
after receiving the parent's request.
(B) If the operator or State Board maintains the
covered information that contains the factual
inaccuracy, notify the operator or the State Board of
the correction. The operator or the State Board must
correct the factual inaccuracy and confirm the
correction with the school within 90 calendar days
after receiving the notice. Within 10 business days
after receiving confirmation of the correction from
the operator or State Board, the school must confirm
the correction with the parent.
(d) Nothing in this Section shall be construed to limit the
rights granted to parents and students under the Illinois
School Student Records Act or the federal Family Educational
Rights and Privacy Act of 1974.

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Section 99. Effective date. This Act takes effect July 1,
2021.".