Bill Text: IA HF2354 | 2017-2018 | 87th General Assembly | Enrolled


Bill Title: A bill for an act relating to student personal information protection. (Formerly HF 92.) Effective 7-1-18.

Spectrum: Committee Bill

Status: (Passed) 2018-03-28 - Signed by Governor. H.J. 700. [HF2354 Detail]

Download: Iowa-2017-HF2354-Enrolled.html

House File 2354 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON EDUCATION

                              (SUCCESSOR TO HF 92)
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                                   A BILL FOR
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                                        House File 2354

                             AN ACT
 RELATING TO STUDENT PERSONAL INFORMATION PROTECTION.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  NEW SECTION.  279.70  Student online personal
 information protection.
    1.  As used in this section, unless the context otherwise
 requires:
    a.  "Attendance center" means a school district building
 that contains classrooms used for instructional purposes for
 elementary, middle, or secondary school students.
    b.  "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, parent's, or legal guardian's use of the operator's
 site, service, or application for kindergarten through grade
 twelve school purposes.
    (2)  Created by or provided to an operator by an employee
 or agent of a school district or attendance center for
 kindergarten through grade twelve school purposes.
    (3)  Gathered by an operator through the operation of its
 site, service, or application for kindergarten through grade
 twelve 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, social security
 number, biometric information, disabilities, socioeconomic
 information, food purchases, political affiliations, religious
 information, text messages, documents, student identifiers,
 search activity, photos, voice recordings, or geolocation
 information.
    c.  "Interactive computer service" means that term as defined
 in 47 U.S.C. {230.
    d.  "Kindergarten through grade twelve school purposes" means
 purposes that are directed by or that customarily take place at
 the direction of a kindergarten through grade twelve attendance
 center, school district, or a practitioner employed by a school
 district, 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 district or attendance center personnel, or parents, or
 are otherwise for the use and benefit of the school district or
 attendance center.
    e.  "Operator" means, to the extent that it is operating
 in this capacity, the operator of an internet site, online
 service, online application, or mobile application with actual
 knowledge that the site, service, or application is used
 primarily for kindergarten through grade twelve school purposes
 and was designed and marketed for such purposes.
    f.  "School district" means a public school district
 described in chapter 274.
    g.  "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.
 "Targeted advertising" 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.
    2.  a.  An operator shall not knowingly do any of the
 following:
    (1)  Engage in targeted advertising on the operator's
 internet site, service, or application, or target advertising
 on any other internet 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 internet site, service, or application for
 kindergarten through grade twelve school purposes.
    (2)  Use information, including persistent unique
 identifiers, created or gathered by the operator's internet
 site, service, or application, to amass a profile about a
 student except in furtherance of kindergarten through grade
 twelve 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
 guardian, or kindergarten through grade twelve school.
    (3)  Sell or rent a student's information, including covered
 information. This subparagraph 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
 section regarding previously acquired student information, or
 to national assessment providers if the provider secures the
 express written consent of the parent or student, given in
 response to clear and conspicuous notice, solely to provide
 access to employment, educational scholarships or financial
 aid, or postsecondary educational opportunities.
    (4)  Except as otherwise provided in subsection 4, disclose
 covered information unless the disclosure is made for the
 following purposes:
    (a)  In furtherance of the kindergarten through grade twelve
 school purpose of the internet site, service, or application,
 if the recipient of the covered information disclosed under
 this subparagraph division does not further disclose the
 information unless done to allow or improve operability and
 functionality of the operator's internet site, service, or
 application.
    (b)  To ensure legal and regulatory compliance or protect
 against liability.
    (c)  To respond to or participate in the judicial process.
    (d)  To protect the safety or integrity of users of the
 internet site or others or the security of the internet site,
 service, or application.
    (e)  For a kindergarten through grade twelve school,
 educational, or employment purpose requested by the student or
 the student's parent or 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 and requires the third party
 to protect student information to the same extent that the
 operator is required to do pursuant to this section, 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 security
 procedures and practices consistent with current industry
 standards and all applicable state and federal laws, rules, and
 regulations.
    b.  Nothing in paragraph "a" shall prohibit the operator's
 use of information for maintaining, developing, supporting,
 improving, or diagnosing the operator's internet site, service,
 or application.
    3.  An operator shall do all of the following:
    a.  Implement and maintain security procedures and practices
 consistent with current industry standards and all applicable
 state and federal laws, rules, and regulations appropriate to
 the nature of the covered information designed to protect that
 covered information from unauthorized access, destruction, use,
 modification, or disclosure.
    b.  Delete as soon as reasonably practicable, a student's
 covered information if the school district or attendance center
 requests deletion of covered information under the control of
 the school district or attendance center, unless a student or
 parent or guardian consents to the maintenance of the covered
 information.
    4.  An operator may use or disclose covered information of a
 student under all of the following circumstances:
    a.  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.
    b.  If no covered information is used for advertising or
 to amass a profile on the student for purposes other than
 elementary, middle school, or high school purposes; for
 legitimate research purposes, as required by state or federal
 law and subject to the restrictions under applicable state
 and federal law; or as allowed by state or federal law and
 in furtherance of kindergarten through grade twelve school
 purposes or postsecondary educational purposes.
    c.  To a state or local educational agency, including
 kindergarten through grade twelve attendance centers and
 school districts, for kindergarten through grade twelve school
 purposes, as permitted by state or federal law.
    5.  This section does not prohibit an operator from doing any
 of the following:
    a.  Using covered information to improve educational products
 if that information is not associated with an identified
 student within the operator's internet site, service, or
 application or other internet sites, services, or applications
 owned by the operator.
    b.  Using covered information that is not associated with
 an identified student to demonstrate the effectiveness of the
 operator's products or services, including in the operator's
 marketing.
    c.  Sharing covered information that is not associated with
 an identified student for the development and improvement of
 educational internet sites, services, or applications.
    d.  Using recommendation engines to recommend to a student
 either of the following:
    (1)  Additional content relating to an educational,
 other learning, or employment opportunity purpose within an
 online site, service, or application if the recommendation
 is not determined in whole or in part by payment or other
 consideration from a third party.
    (2)  Additional services relating to an educational,
 other learning, or employment opportunity purpose within an
 online site, service, or application if the recommendation
 is not determined in whole or in part by payment or other
 consideration from a third party.
    e.  Responding to a student's request for information or for
 feedback without the information or response being determined
 in whole or in part by payment or other consideration from a
 third party.
    6.  This section does not do any of the following:
    a.  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.
    b.  Limit the ability of an operator to use student data,
 including covered information, for adaptive learning or
 customized student learning purposes.
    c.  Apply to general audience internet sites, general
 audience online services, general audience online applications,
 or general audience mobile applications, even if login
 credentials created for an operator's internet site, service,
 or application may be used to access those general audience
 internet sites, services, or applications.
    d.  Limit service providers from providing internet
 connectivity to attendance centers or students and students'
 families.
    e.  Prohibit an operator of an internet site, 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
 section.
    f.  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 with this section on those applications or software.
    g.  Impose a duty on a provider of an interactive computer
 service to review or enforce compliance with this section by
 third=party content providers.
    h.  Prohibit students from downloading, exporting,
 transferring, saving, or maintaining the students' own student
 data or documents.


                                                                                            LINDA UPMEYER


                                                                                            CHARLES SCHNEIDE


                                                                                            CARMINE BOAL


                                                                                            KIM REYNOLDS

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