Safeguarding Children’s Privacy in Schools Act

Bill: 117-hr-5630
Sponsor: full_name: Rep. Miller, Mary E. [R-IL-15]
Introduced: 2021-10-19
Policy area: Commerce
Latest action: action_date: 2021-10-20
text: Referred to the Subcommittee on Consumer Protection and Commerce.

Summaries:
action_date: 2021-10-19
action_desc: Introduced in House
text: <p><strong>Safeguarding Children's Privacy in Schools Act</strong></p> <p>This bill revises the standards for parental consent with respect to the online collection, use, and disclosure of the personal information of a child.</p> <p>First, it revises the definition of verifiable parental consent to require websites and online services to obtain consent by a parent before collecting a child's personal information. Currently, websites and online services must make a reasonable effort to ensure that a parent authorizes the collection, use, and disclosure of such personal information before collecting it.</p> <p>The bill also prohibits elementary and secondary school employees from acting as the agent of a child enrolled in such school for the purpose of providing verifiable parental consent.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 5630 IN THE HOUSE OF REPRESENTATIVES October 19, 2021 Mrs. Miller of Illinois (for herself, Mr. Good of Virginia , Mrs. Boebert , Mr. Grothman , Mr. Weber of Texas , Mr. Mullin , Mr. Babin , Mr. Rosendale , Mr. Johnson of Louisiana , Mr. Owens , Mr. Bishop of North Carolina , Mr. Steube , Mr. Budd , Ms. Foxx , Mr. Roy , Mr. Pfluger , Mr. Allen , Mrs. Greene of Georgia , Mr. Gohmert , Mr. Norman , Mr. Davidson , and Mr. Donalds ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Children’s Online Privacy Protection Act of 1998 to provide that a school may not act as the agent of a parent of a child for purposes of providing verifiable parental consent to the collection, use, or disclosure of personal information of the child, and for other purposes.

1. Short title This Act may be cited as the Safeguarding Children’s Privacy in Schools Act . 2. Protection of rights of parents regarding personal information of students The Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. ) is amended— (1) in section 1302, by amending paragraph (9) to read as follows: (9) Verifiable parental consent The term verifiable parental consent , with respect to the collection, use, and disclosure (as applicable) by an operator of the personal information of a child— (A) means consent by a parent of the child to the collection, use, and disclosure (and to any subsequent use of the information) that is obtained by the operator— (i) before the information is collected from the child; and (ii) after notice to the parent of the operator’s personal information collection, use, and disclosure practices; and (B) may include consent to future collection, use, and disclosure described in the notice. ; and (2) in section 1303— (A) in subsection (b)(2)(C)— (i) in clause (i), by striking ; or and inserting a semicolon; (ii) by striking clause (ii); and (iii) by striking that request— and all that follows through if, before and inserting that request, if, before ; and (B) by adding at the end the following: (e) Prohibition on school or local educational agency acting as agent of parent (1) In general An elementary school, secondary school, or local educational agency, or an employee or other agent of such school or agency, may not act as the agent of a parent of a child enrolled in such school (or in a school served by such agency, as the case may be) for purposes of providing verifiable parental consent under the regulations prescribed under subsection (b), making any request under such regulations, or receiving any notice or other information required to be provided to a parent of the child under such regulations. (2) Definitions In this subsection, the terms elementary school , secondary school , and local educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). .