Student Digital Privacy and Parental Rights Act of 2015

Bill: 114-hr-2092
Sponsor: Rep. Messer, Luke [R-IN-6]
Introduced: 2015-04-29 in the House
Policy area: Education
Subjects: Child safety and welfare
Computer security and identity theft
Consumer affairs
Elementary and secondary education
Higher education
Internet and video services
Internet, web applications, social media
Marketing and advertising
Right of privacy
Student records

Summary:
action_date: 2015-04-29
text: 

Student Digital Privacy and Parental Rights Act of 2015

 
Prohibits an operator of a school's Internet or online service that is designed and marketed for K-12 educational or administrative purposes from presenting students or parents with targeted advertisements that are selected based on information obtained or inferred from: (1) students' online behavior or use of online or mobile applications, or (2) personally identifiable information about the student. Exempts online advertisements that are contextually relevant and selected based on a single visit or session of use during which the advertisements are presented, provided that information about students' online behavior is not collected or retained over time.
 
Prohibits operators from: (1) selling students' personal information to third parties; or (2) collecting student information to create a personal profile or for purposes unrelated to educational instruction, school collaboration, or administrative activities.
 
Requires operators to: (1) implement information security procedures and a process for responding to data breaches; (2) notify the Federal Trade Commission (FTC) and students, parents, educational agencies or institutions, school officials, or teachers of unauthorized acquisitions of, or access to, personal information; and (3) delete certain student information that is not required to be maintained by the school within 45 days after a request from an educational agency, institution, or student's parent or within one year after the operator ceases to provide the service.
 
Requires operators to disclose publicly the types of personal information they collect or generate, the purposes for which the information is used or disclosed to third parties, and the identity of any such third parties. 
 
Instructs operators to establish procedures for parents and system users to access and correct certain information. 
 
Allows operators to disclose students' information only for certain lawful purposes or pursuant to a process that requires the student's or parent's express affirmative request. Requires an operator to receive the student's or parent's request before providing transcripts for admission to an institution of higher education or to a potential employer.
 
Provides authority to the FTC to enforce this Act and treats violations as unfair or deceptive acts or practices under the Federal Trade Commission Act.
 
Authorizes a student who is at least 18 years of age, enrolled in an institution of higher education, or a secondary school graduate to provide any required consent or to exercise rights provided to parents under this Act.


Legislative actions:
action_date: 2015-05-01
text: Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
action_date: 2015-04-29
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2015-04-29
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2015-04-29
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2015-04-29
text: Introduced in House
action_date: 2015-04-29
text: Introduced in House