BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1349|
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THIRD READING
Bill No: SB 1349
Author: Yee (D)
Amended: 5/2/12
Vote: 21
SENATE EDUCATION COMMITTEE : 7-0, 4/18/12
AYES: Lowenthal, Alquist, Hancock, Liu, Price, Simitian,
Vargas
NO VOTE RECORDED: Runner, Blakeslee, Huff, Vacancy
SENATE LABOR & INDUST. RELATIONS COMM. : 5-0, 4/25/12
AYES: Lieu, Wyland, DeSaulnier, Leno, Yee
NO VOTE RECORDED: Padilla, Runner
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : The Social Media Privacy Act
SOURCE : Author
DIGEST : This bill prohibits a public or private
postsecondary educational institution, from requiring or
formally requesting in writing, a student or prospective
student to disclose the user name and account password for
a personal social media account as defined, or to otherwise
provide the institution with access to any content of that
account, as specified, a public or private employer, and
establishes the same prohibition on public and private
employers in regards to an employee/prospective employee.
This bill prohibits a postsecondary educational institution
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and an employer from threatening a student or employee with
or taking specified pecuniary actions for refusing to
disclose permissibly requested information related to their
personal social media account.
ANALYSIS : Existing law requires the University of
California (UC) Regents, the California State University
(CSU) Trustees and the governing board of every community
college district to adopt specific rules and regulations
governing student behavior along with applicable penalties
for violation of the rules and regulations.
Existing law also authorizes the governing board of a
community college district, the president or an instructor
to suspend a student for "good cause", and prohibits the
removal, suspension, or expulsion of a California Community
College student unless the conduct for which the student is
disciplined is related to college activity or college
attendance.
CSU rules of student conduct are outlined in the California
Code of Regulations (Title 5, Article 2, Section 41301).
These regulations provide that any student may be expelled,
suspended, placed on probation or given a lesser sanction
for one or more causes, as specified. Conduct that
threatens the safety or security of the campus community or
substantially disrupts the function or operation of the
University, whether it occurs on or off campus, is within
the jurisdiction of the Student Conduct Code. Systemwide
procedures for implementing student disciple are set forth
in Executive Order #1043, which, among other things,
authorizes a student conduct administrator to investigate
the matter.
At the UC, enrolled students are subject to university
authority which includes the prerogative of dismissing
students for a number of violations including participation
in a disturbance of the peace or unlawful assembly. If
specified in implementing campus regulations, these
standards of conduct may apply to conduct that occurs off
campus and that would violate student conduct and
discipline policies or regulations had the conduct occurred
on campus.
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Existing law also prohibits the UC Regents, the CSU
Trustees and local community college district governing
boards from making or enforcing any rule subjecting any
student to disciplinary sanction solely on the basis of
conduct that is speech or other communication that, when
engaged in outside a campus of those institutions, is
protected by the United States or California constitutions.
Existing law provides that an enrolled student may pursue
civil action against these institutions, should they make
or enforce any such rule.
This bill establishes the Social Media Privacy Act, under
which it:
1. Prohibits a public or private postsecondary educational
institution from requiring, or from formally requesting
in writing that a student or prospective student:
A. Disclose the user name and account password for a
personal social media account.
B. Provide the institution with access to any content
of that account.
2. Prohibits a public or private employer from requiring,
or from formally requesting in writing that an employee
or prospective employee:
A. Disclose the user name or account password for a
personal social media account.
B. Provide the institution with access to any content
of that account.
3. Defines "social media" as an electronic medium where
users may create, share, and view user-generated content
including videos, photographs, blogs, video blogs,
podcasts, instant messages, or Web site profiles or
locations.
4. Prohibits a postsecondary educational institution and an
employer from threatening a student or employee with or
taking specified pecuniary actions for refusing to
disclose permissibly requested information related to
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their personal social media account.
Comments
According to the public postsecondary educational
institutions, they do not currently engage in the
activities prohibited by this bill. However, it appears
that some private postsecondary educational institutions do
request that their athlete students provide information on
their social media accounts. Reportedly this is to ensure
that these students adhere to student athlete ethics codes,
as required under National Collegiate Athletic Association
rules.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/21/12)
AFSCME
California Employment Lawyers Association
California Faculty Association
California Labor Federation
California Public Interest Research Group
CalSmallBiz
Community United Against Violence
Consumer Action
Jewish Vocational Service, Los Angeles
National Center for Lesbian Rights
Privacy Rights Clearinghouse
United Automobile, Aerospace and Agricultural Implement
Workers of America, Local 5810
University of California Student Association
ARGUMENTS IN SUPPORT : According to the author's office,
there is a growing trend of colleges and universities who
are requiring user names and passwords to the social media
accounts of students. While social media have provided a
useful avenue for socialization and expression, the
author's office contends that it has also put employees,
job applicants, and students at risk of having their
privacy blatantly violated by employers and schools.
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PQ:kc 5/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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