=====
SB 1349, Yee. Social media privacy: postsecondary education.
Existing law establishes and sets forth
the missions and functions of the public and independent institutions of
postsecondary education in the state. This bill would prohibit public and private postsecondary
educational institutions, and their employees and representatives, from
requiring or requesting a student, prospective student, or student group to
disclose, access, or divulge personal social media, as defined, information, as
specified. The bill would prohibit a public or private postsecondary
educational institution from threatening a student, prospective student, or
student group with or taking specified pecuniary actions for refusing to comply
with a request or demand that violates that prohibition. The bill would require
a private nonprofit or for-profit postsecondary educational institution to post
its social media privacy policy on the institution’s Internet Web site.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares that quickly
evolving technologies and social media services and Internet Web sites create
new challenges when seeking to protect the privacy rights of students at California’s
postsecondary educational institutions. It is the intent of the Legislature to
protect those rights and provide students with an opportunity for redress if
their rights are violated. It is also the intent of the Legislature that public
postsecondary educational institutions match compliance and reporting
requirements for private nonprofit and for-profit postsecondary educational
institutions imposed by this act.
SEC. 2.
Chapter 2.5 added
to Part 65 of Division 14 of Title 3 of the Education Code, to read:
CHAPTER 2.5. Social Media Privacy
As used in this chapter, “social media” means an
electronic service or account, or electronic content, including, but not
limited to, videos or still photographs, blogs, video blogs, podcasts, instant
and text messages, email, online services or accounts, or Internet Web site
profiles or locations.
(a) Public
and private postsecondary educational institutions, and their employees and
representatives, shall not require or request a student, prospective student,
or student group to do any of the following:
(1) Disclose a
user name or password for accessing personal social media.
(2) Access
personal social media in the presence of the institution’s employee or
representative.
(3) Divulge any
personal social media information.
(b) A public or private postsecondary educational
institution shall not suspend, expel, discipline, threaten to take any of those
actions, or otherwise penalize a student, prospective student, or student group
in any way for refusing to comply with a request or demand that violates this
section.
(c) This section
shall not do either of the following:
(1) Affect a
public or private postsecondary educational institution’s existing rights and
obligations to protect against and investigate alleged student misconduct or
violations of applicable laws and regulations.
(2) Prohibit a
public or private postsecondary educational institution from taking any adverse
action against a student, prospective student, or student group for any lawful
reason.
A private nonprofit or for-profit postsecondary educational institution shall post its social media privacy policy on the institution’s Internet Web site.
===
Unclear how this will work:
No comments:
Post a Comment