BILL NUMBER: AB 1442	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2014
	AMENDED IN ASSEMBLY  MARCH 25, 2014

INTRODUCED BY   Assembly Member Gatto

                        JANUARY 6, 2014

   An act to  amend Sections 1798.3, 1798.14, and 1798.19 of
the Civil Code, relating to the Information Practices Act of 1977.
  add Section 49073.6 to the Education Code, relating to
pupil records. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1442, as amended, Gatto.  The Information Practices Act
of 1977: local government.   Pupil records: social
media.  
   Existing law requires school districts to establish, maintain, and
destroy pupil records according to regulations adopted by the State
Board of Education.  
   This bill would, notwithstanding that provision, require a school
district, county office of education, or charter school that
considers a program to gather or maintain in its records any personal
information obtained from social media, as defined, of any pupil
enrolled in the school district, county office of education, or
charter school to first notify pupils and their parents or guardians
about the proposed program, and to provide an opportunity for public
comment before the adoption of the program. The bill would require a
school district, county office of education, or charter school that
adopts a program pursuant to this provision to, among other things,
gather and maintain only information that was made publicly
accessible, as defined, provide a pupil with access to any personal
information about the pupil obtained from social media, and to
destroy the personal information gathered from social media and
maintained in its records, as provided. If a school district, county
office of education, or charter school contracts with a 3rd party to
gather personal information from social media on an enrolled pupil,
the bill would prohibit the use, sale, or sharing of the information
by the 3rd party, and would provide additional restrictions on the
destruction of the information by the 3rd party, as specified. 

   The Information Practices Act of 1977 requires each state agency
to maintain in its records only personal information that is relevant
and necessary to accomplish a purpose of the agency required or
authorized by the California Constitution or statute or mandated by
the federal government.  
   This bill would expand that restriction on the maintenance of
personal information to apply to a local agency, and would require a
state or local agency to destroy personal information when the state
or local agency determines it is no longer relevant and necessary to
accomplish its purpose. The bill would establish special provisions
for a Kindergarten and grades 1 to 12, inclusive, school district
regarding the notification of students, parents, and guardians if it
considers a program to gather or maintain student personal
information in its records, restrictions on the gathering and
maintenance of information gathered from social media, as defined,
and the destruction of personal information gathered from social
media on students maintained by the district.  
   By expanding the duties of local officials, this bill would impose
a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 49073.6 is added to the 
 Education Code   , to read:  
   49073.6.  (a) For purposes of this section, the following terms
have the following meanings:
   (1) "Social media" means an electronic service or account, or
electronic content, including, but not limited to, videos, still
photographs, blogs, video blogs, podcasts, instant and text messages,
e-mail, online services or accounts, or Internet Web site profiles
or locations.
   (2) (A) "Publicly accessible" means anything posted on social
media or any other Internet Web site that is accessible to the
general public.
   (B) "Publicly accessible" does not include anything posted on
social media or any other Internet Web site that is only accessible
to a restricted group of persons.
   (b) Notwithstanding any other law or regulation, a school
district, county office of education, or charter school that
considers a program to gather or maintain in its records any personal
information obtained from social media of any enrolled pupil shall
notify pupils and their parents or guardians about the proposed
program and provide an opportunity for public comment before the
adoption of the program.
   (c) Notwithstanding any other law or regulation, a school
district, county office of education, or charter school that adopts a
program pursuant to subdivision (b) shall do all of the following:
   (1) Gather or maintain only information that was made publicly
accessible, which shall not include either of the following:
   (A) Information that the school district, county office of
education, or charter school knows or has reason to believe was
reposted or otherwise made publicly accessible by another party
without the express consent of the original author.
   (B) Any secondary information, including, but not limited to,
geolocation information, derived from content posted to social media,
unless that secondary information was intentionally made publicly
accessible.
   (2) Provide a pupil with access to any personal information about
the pupil gathered or maintained by the school district, county
office of education, or charter school that was obtained from social
media, and an opportunity to correct or delete information that was
gathered or maintained in violation of paragraph (1).
   (3) (A) Destroy personal information gathered from social media
and maintained in its records within one year after a pupil turns 18
years of age or within one year after the pupil is no longer enrolled
in the school district, county office of education, or charter
school, whichever occurs first.
   (B) Notify each parent or guardian of a pupil subject to the
program that the pupil's personal information is being gathered from
social media and that any information subject to this section
maintained in the school district's, county of education's, or
charter school's records with regard to the pupil shall be destroyed
in accordance with subparagraph (A).
   (C) If the school district, county office of education, or charter
school contracts with a third party to gather personal information
from social media on an enrolled pupil, the contract shall do all of
following:
   (i) Prohibit the third party from using the information for its
own purposes.
   (ii) Prohibit the third party from selling or sharing the
information with any person or entity other than the school district,
county office of education, or charter school.
   (iii) Require the third party to destroy the information
immediately upon satisfying the terms of the contract, within one
year after a pupil turns 18 years of age, or within one year after
the pupil is no longer enrolled in the school district, county office
of education, or charter school, whichever occurs first. 

  SECTION 1.    Section 1798.3 of the Civil Code is
amended to read:
   1798.3.  As used in this chapter:
   (a) "Personal information" means any information that is
maintained by an agency that identifies or describes an individual,
including, but not limited to, his or her name, social security
number, physical description, home address, home telephone number,
education, financial matters, and medical or employment history. It
includes statements made by, or attributed to, the individual.
   (b) "Agency" means every state office, officer, department,
division, bureau, board, commission, or other state agency, except
that "agency" shall not include:
   (1) The California Legislature.
   (2) Any agency established under Article VI of the California
Constitution.
   (3) The State Compensation Insurance Fund, except as to any
records that contain personal information about the employees of the
State Compensation Insurance Fund.
   (4) A local agency, as defined in subdivision (a) of Section 6252
of the Government Code.
   (c) "Disclose" means to disclose, release, transfer, disseminate,
or otherwise communicate all or any part of any record orally, in
writing, or by electronic or any other means to any person or entity.

   (d) "Individual" means a natural person.
   (e) "Maintain" includes maintain, acquire, use, or disclose.
   (f) "Person" means any natural person, corporation, partnership,
limited liability company, firm, or association.
   (g) "Record" means any file or grouping of information about an
individual that is maintained by an agency by reference to an
identifying particular such as the individual's name, photograph,
finger or voiceprint, or a number or symbol assigned to the
individual.
   (h) "System of records" means one or more records, which pertain
to one or more individuals, which is maintained by any agency, from
which information is retrieved by the name of an individual or by
some identifying number, symbol, or other identifying particular
assigned to the individual.
   (i) "Governmental entity," except as used in Section 1798.26,
means any branch of the federal government or of the local
government.
   (j) "Commercial purpose" means any purpose which has financial
gain as a major objective. It does not include the gathering or
dissemination of newsworthy facts by a publisher or broadcaster.
   (k) "Regulatory agency" means the Department of Business
Oversight, the Department of Insurance, the Bureau of Real Estate,
and agencies of the United States or of any other state responsible
for regulating financial institutions.
   (l) "Social media" means an electronic service or account, or
electronic content, including, but not limited to, videos, still
photographs, blogs, video blogs, podcasts, instant and text messages,
email, online services or accounts, or Internet Web site profiles or
locations.  
  SEC. 2.    Section 1798.14 of the Civil Code is
amended to read:
   1798.14.  (a) Nothwithstanding the exception established in
paragraph (4) of subdivision (b) of Section 1798.3, as used in this
section, "agency" includes a local agency, as defined in subdivision
(a) of Section 6252 of the Government Code.
   (b) (1) Each agency shall maintain in its records only personal
information that is relevant and necessary to accomplish a purpose of
the agency required or authorized by the California Constitution,
statute, ordinance, or mandated by the federal government, and,
except as provided in subdivisions (c) and (d), shall destroy the
personal information when the agency determines the personal
information is no longer relevant and necessary to accomplish that
purpose.
   (2) This subdivision does not apply to official records recorded
in the office of a county recorder.
   (c) A school district for kindergarten or grades 1 to 12,
inclusive, that considers a program to gather or maintain in its
records personal information on any student enrolled in the school
district shall notify students, parents, and guardians and provide an
opportunity for public comment prior to the adoption of such a
program.
   (d) A school district for kindergarten or grades 1 to 12,
inclusive, that gathers or maintains, or that contracts to gather or
maintain in its records personal information gathered from social
media on a student enrolled in the school district shall do the
following:
   (1) Gather or maintain only information that was made publicly
accessible, not to include either:
   (A) Information that was reposted or otherwise made available by
another party without the express consent of the original author.
   (B) Any secondary information, including, but not limited to,
geolocation information, derived from content posted to social media,
unless that secondary information itself intentionally was made
publicly accessible.
   (2) Provide students with access to any personal information about
the student gathered or maintained by the district and obtained
through social media, and the opportunity to correct or delete
erroneous information or information gathered or maintained in
violation of paragraph (1).
   (3) Destroy personal information gathered from social media
maintained in its records within one year of a student turning 18
years of age, or within one year after the student is no longer
enrolled in the school district, whichever is first.
   (4) Notify each parent or guardian of the student that personal
information is being gathered from social media and that any
information maintained in its records with regard to the student
shall be destroyed in accordance with paragraph (3).
   (5) If the school district contracts with a third party to gather
or maintain in the records of the third party personal information on
a student enrolled in the school district, require the third party
to hold all student personal information strictly confidential and
prohibit it from using that information for its own purposes, selling
the information, or sharing the information with any other entity
unless required to do so by law.  
  SEC. 3.    Section 1798.19 of the Civil Code is
amended to read:
   1798.19.  Each agency, when it provides by contract for the
operation or maintenance of records containing personal information
to accomplish an agency function, shall cause, consistent with its
authority, this chapter to be applied to those records. For purposes
of Article 10 (commencing with Section 1798.55), any contractor and
any employee of the contractor, if the contract is agreed to on or
after July 1, 1978, shall be considered to be an employee of an
agency. Except as provided in Section 1798.14, local government
functions mandated by the state are not deemed agency functions
within the meaning of this section.  
  SEC. 4.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.