Amended in Senate April 21, 2014

Senate Bill No. 1177

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, as amended, 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 with actual knowledge that the site, service, or application is used for K-12 school purposes begin insert , as defined, end insert and was designed and marketed for K-12 school purposes from using, sharing, disclosing, or compiling personal information about a K-12 student for commercial purposes. This bill would require an operator of an Internet Web site, online service, online application, or mobile application with actual knowledge that the site, service, or application is used for K-12 school purposes and was designed and marketed for K-12 school purposes to ensure that specified encryption processes are used begin delete , to provide a notice to the operator of a secondary site, service, or application that is accessible through the noticing operator’s site, service, or application that their secondary site, service, or application is used for K-12 school purposes on a site, service, or application designed and marketed for K-12 school purposes, end delete and to delete a student’s personal information under specified circumstances.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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) An operator of an Internet Web site, online service,
online application, or mobile application with actual knowledge
that the site, service, or application is used for K-12 school
purposes and was designed and marketed for K-12 school purposes
shall comply with all of the following requirements:

(1) It shall not use, share, disclose, or compile personal
information about a K-12 student for any purpose other than the
K-12 school purpose and for maintaining begin insert , developing, and
improving end insert the integrity begin insert and effectiveness end insert of the site, service, or
application begin insert , as long as no personal 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 end insert .

(2) It shall not use, share, disclose, or compile a student’s
personal information for any commercial purpose, including, but
not limited to, advertising or profiling.

(3) It shall not allow, facilitate, or aid in the marketing or
advertising of a product or service to a K-12 student on the site,
service, or application.

(4) It shall take begin delete all end delete reasonable steps to protect the begin insert personal
information end insert data at rest and in motion in a manner that meets or
exceeds begin insert reasonable and appropriate end insert commercial best practices.
An operator shall be deemed to be in compliance with this
paragraph if the operator ensures the following:

(A) Valid encryption processes for data at rest begin insert in the operator’s
own data storage systems end insert are consistent with NIST Special
Publication 800-111, Guide to Storage Encryption Technologies
for End User Devices.

(B) Valid encryption processes for data in motion begin insert on public
networks end insert are those that comply, as appropriate, with NIST Special
Publications 800-52, Guidelines for the Selection and Use of
Transport Layer Security (TLS) Implementations; begin insert NIST Special
Publication end insert 800-77, Guide to IPsec VPNs; or begin insert NIST Special
Publication end insert 800-113, Guide to SSL VPNs, or others that are
Federal Information Processing Standards (FIPS) begin insert Publication end insert
140-2 validated.

begin delete

(b) (1) An operator of an Internet Web site, online service,
online application, or mobile application with actual knowledge
that the site, service, or application is used for K-12 school
purposes and the site, service, or application was designed and
marketed for K-12 school purposes shall provide a notice to the
operator of a secondary site, service, or application that is
accessible through the noticing operator’s site, service, or
application that the secondary site, service, or application is used
for K-12 school purposes on a site, service, or application designed
and marketed for K-12 school purposes.

(2) An operator of a site, service, or application designed and
marketed for K-12 school purposes shall comply with this section
upon either receiving notice under paragraph (1) that the site,
service, or application is used for K-12 school purposes or if the
operator otherwise has actual knowledge that the site, service, or
application is used for K-12 school purposes.

(3) An operator that fails to provide the notice required by
paragraph (1) to a secondary site, service, or application shall be
liable for the secondary site, service, or application’s compliance
with this section, unless that secondary site, service, or application
had actual knowledge it was being used for K-12 purposes and
was designed and marketed for K-12 school purposes.

(c)

end delete

begin insert ( end insert begin insert b) end insert  An operator of an Internet Web site, online service, online
application, or mobile application with actual knowledge that the
site, service, or application is used for K-12 school purposes and
that it was designed and marketed for K-12 school purposes shall
delete a student’s personal information if any of the following
occurs:

(1) The site, begin delete service end delete begin insert service, end insert or application begin insert has actual knowledge
that it end insert is no longer used for begin delete the original end delete K-12 school begin delete purpose. end delete
begin insert purposes, unless the information is being used or maintained at
the direction of a school or school district and is under the direct
control of the school or district. end insert

(2) The student requests deletion, unless it is being used at the
direction of a school or district begin delete for legitimate educational purposes end delete
and is under the control of the school or district.

(3)  begin delete The student ceases to be a student at the institution and the
operator becomes aware the student is no longer a student, unless
it is being used at the direction of a school or district for legitimate
educational purposes and is under the control of the school or
district. end delete begin insert The school or school district requests deletion. end insert

begin delete

(d)

end delete

begin insert ( end insert begin insert c) end insert  Notwithstanding subdivision (a), an operator of an Internet
Web site, online service, online application, or mobile application
may disclose personal information of a student 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 begin insert protecting and end insert disclosing that information.

begin delete

(e)

end delete

begin insert ( end insert begin insert d) end insert  An “online service” includes cloud computing services.

begin delete

(f)

end delete

begin insert ( end insert begin insert e) end insert  Notwithstanding subdivision (a), an operator of an Internet
Web site, online service, online application, or mobile application
may disclose personal information of a student for legitimate
research purposes as required by state and federal law and subject
to the restrictions under state and federal law begin insert or as allowed by
state and federal law and under the direction of a school, school
district, or state department of education, as long as no personal
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 end insert .

begin delete

(g)

end delete

begin insert ( end insert begin insert f) end insert  For purposes of this section, “personal information” shall
mean any information or materials in any media or format created
or provided 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 site, service, or application or an employee or agent of the
educational institution, or gathered by the site, service, or
application, that is related to a student and shall include, but not
be limited to, information in the student’s educational record, the
student’s begin delete email end delete begin insert e-mail end insert address, first and last name, home address,
telephone number, other information that permits physical or online
contact of a specific individual, discipline records, test results,
special education data, juvenile delinquency records, grades,
evaluations, criminal records, medical records, health records,
social security number, biometric information, disabilities,
socioeconomic information, food purchases, political affiliations,
religious information, begin delete email end delete begin insert e-mail end insert messages, documents, unique
identifiers, profile, search activity, location information, Internet
Protocol (IP) address, metadata, any aggregation or derivative
thereof, or any information gained through tracking, including
login and logoff information, searches, typing, photos, voice
recordings, and geolocation information.

begin insert

(g) For purposes of this section, “K-12 school purposes” shall
mean purposes that customarily take place at the direction of the
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.

end insert

(h) 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.

(i) It is not the intent of the Legislature for this chapter to apply
to general audience Internet Web sites.

begin insert

(j) It is not the intent of the Legislature for this section to limit
internet service providers from providing internet connectivity to
schools or students and their families.

end insert begin insert

(k) (1) An operator of an Internet Web site, online service,
online application, or mobile application may use deidentified
student personal information within the operator’s site, service,
or application or other sites, services, or applications owned by
the operator to improve educational products, for adaptive learning
purposes, and for customizing student learning.

end insert begin insert

(2) Subparagraph (1) shall not apply if the deidentified student
personal information is used for purposes of advertising.

end insert

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.