Amended in Assembly July 2, 2014

Amended in Assembly June 10, 2014

Amended in Assembly June 5, 2014

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, as defined, and was designed and marketed for K-12 school begin delete purposes end delete begin insert purposes, end insert from using, sharing, disclosing, or compiling covered information, as defined, about a K-12 student for any purpose other than begin delete the end delete K-12 school begin delete purpose and for maintaining, developing, and improving the integrity and effectiveness of the site, service, or application, as specified. end delete begin insert purposes. end insert The bill would begin insert generally end insert prohibit begin delete these operators of Internet Web sites, online services, online applications, or mobile applications end delete begin insert an operator end insert from selling begin insert or disclosing end insert the begin delete covered end delete information of a student. The bill would require begin delete these operators of Internet Web sites, online services, online applications, or mobile applications to ensure that covered information is protected in a manner that meets or exceeds reasonable and appropriate commercial best practices end delete begin insert an operator to implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure, end insert and to delete a student’s covered information if the school or district requests begin delete deletion. end delete begin insert deletion of data under the control of the school or district. The bill would authorize the disclosure of covered information of a student under specified circumstances. end insert The bill’s provisions would become operative January 1, 2016.

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 begin delete of an Internet Web site, online service,
online application, or mobile application with actual knowledge
that the site, service, or application is used primarily for K-12
school purposes and was designed and marketed for K-12 school
purposes end delete shall comply with all of the following begin delete requirements: end delete begin insert with
respect to the site, service, or application of the operator: end insert

(1) It shall not use, share, disclose, or compile covered
information about a K-12 student for any begin insert purpose in furtherance
of targeted advertising or to amass a profile on a student for any end insert
purpose other than begin delete the end delete K-12 school begin delete purpose and end delete begin insert purposes. Nothing
in this provision shall be construed to prohibit the use of
information end insert for maintaining, developing, begin delete and end delete begin insert or end insert improving begin delete the
integrity and effectiveness of end delete the site, service, or begin delete application, as
long as no personal information is used for any purpose in
furtherance of targeted advertising or to amass a profile on the
student for purposes other than K-12 school purposes. end delete begin insert application
of the operator. end insert

(2) It shall not sell or disclose a student’s begin delete covered end delete information.
begin insert This prohibition does not apply to the purchase, merger, or other
type of acquisition of an entity that operates an Internet Web site,
online service, online application, or mobile application by another
entity. end insert

begin delete

(3) It shall take reasonable steps to protect the covered
information at rest and in transmission in a manner that meets or
exceeds reasonable and appropriate commercial best practices.

end delete begin insert

(3) It shall implement and maintain reasonable security
procedures and practices appropriate to the nature of the
information, to protect the personal information from unauthorized
access, destruction, use, modification, or disclosure.

end insert

(b) An operator begin delete of an Internet Web site, online service, online
application, or mobile application with actual knowledge that the
site, service, or application is used primarily for K-12 school
purposes and that it was designed and marketed for K-12 school
purposes end delete shall delete a student’s covered information if the school
or district requests begin delete deletion. end delete begin insert deletion of data under the control of
the school or district. end insert

(c) Notwithstanding subdivision (a), an operator begin delete of an Internet
Web site, online service, online application, or mobile application end delete
may disclose covered information of a student begin delete 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 protecting and disclosing that information. end delete
begin insert under the following circumstances: end insert

begin insert

(1) 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 protecting and
disclosing that information.

end insert begin insert

(2) For legitimate research purposes as required by state and
federal law and subject to the restrictions under state and federal
law or as allowed by state and federal law and under the direction
of a school, school district, or state department of education, if no
covered 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 insert

(d) An operator may use deidentified student covered
information, including aggregated and deidentified student covered
information, as follows:

end insert begin insert

(1) 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) To demonstrate the effectiveness of the operator’s products,
including in their marketing.

end insert begin insert

(3) An operator may share aggregated deidentified student
covered information for the development and improvement of
educational sites, services, or applications.

end insert begin delete

(d) An “online

end delete

begin insert (e) end insert begin insert   end insert begin insert “Online end insert service” includes cloud computing services.

begin delete

(e) Notwithstanding subdivision (a), an operator of an Internet
Web site, online service, online application, or mobile application
may disclose covered 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 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 covered 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 delete begin insert

(f) “Operator” means the operator of an Internet Web site,
online service, online application, or mobile application with
actual knowledge that the site, service, or application is used
primarily for K-12 school purposes and was designed and
marketed for K-12 school purposes.

end insert begin delete

(f)

end delete

begin insert (g) end insert  “Covered information” means begin insert personally identifiable end insert
information or materials in any media or format that meets any of
the following:

(1) Are created or provided by a student, or the student’s parent
or legal guardian, in the course of the student’s, parent’s, begin insert or end insert legal
begin delete guardian’s, end delete begin insert guardian’s end insert use of the site, service, or application for
K-12 school purposes.

(2) Are created or provided by an employee or agent of the
educational institution.

(3) Are gathered by the site, service, or application, that is
descriptive of a student or otherwise begin delete identified end delete begin insert personally identifies end insert
a student, including, but not limited to, information in the student’s
educational record or email, first and last name, home address,
telephone number, email 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, social security
number, biometric information, disabilities, socioeconomic
information, food purchases, political affiliations, religious
information, text messages, documents, persistent unique
identifiers, search activity, photos, voice recordings, or geolocation
information.

begin delete

(g)

end delete

begin insert (h) end insert  “K-12 school purposes” means 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.

begin delete

(h)

end delete

begin insert (i) end insert  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.

begin insert

(j) This section does not limit the ability of an operator of an
Internet Web site, online service, online application, or mobile
application to use student data for adaptive learning or customized
student learning purposes.

end insert begin delete

(i)

end delete

begin insert (k) end insert  This chapter does not apply to general audience Internet
Web sites, general audience online services, general audience
online applications, or general audience mobile applications.

begin delete

(j)

end delete

begin insert (l) end insert  This section does not limit Internet service providers from
providing Internet connectivity to schools or students and their
families.

begin delete

(k) (1) An operator of an Internet Web site, online service,
online application, or mobile application may use deidentified
student covered information, including aggregated deidentified
student covered 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.

(2) An operator of an Internet Web site, online service, online
application, or mobile application may use deidentified student
covered information, including aggregated deidentified student
covered information, to demonstrate the effectiveness of the
operator’s products, including in their marketing.

(3) An operator of an Internet Web site, online service, online
application, or mobile application may share aggregated
deidentified student covered information for the development and
improvement of educational sites, services, or applications.

(l)

end delete

begin insert (m) end insert  This section shall not be construed to prohibit an operator
of an Internet Web site, online service, online application, or
mobile application from marketing educational products directly
to parents so long as the marketing was not the result of student
covered information begin delete provided to end delete begin insert obtained by end insert the operator begin delete of the
Internet Web site, online service, online application, or mobile
application. end delete begin insert through the provision of services covered under this
section. end insert

begin insert

(n) This section does not impose a duty upon a provider of an
electronic store, gateway, marketplace, or other means of
purchasing or downloading software or applications to review or
enforce compliance of this section on those applications or
software.

end insert begin insert

(o) This section does not impede the ability of students to
download, export, or otherwise save or maintain their own student
created data or documents.

end insert

22585.  

This chapter shall become operative on January 1, 2016.

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.