Maine LD 454: An Act To Enact the Student Information Privacy Act

LD 454 (subjects: SCHOOL POLICIES , SECURITY )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=454&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Sen. Roger Katz of Kennebec: (R – District 15) — e-mail | Facebook

6 Cosponsors:

Actions

Chamber

Action
2/24/2015 Senate Committee on EDUCATION AND CULTURAL AFFAIRS
suggested and ordered printed
On motion by Senator Langley of Hancock REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS
Ordered sent down forthwith for concurrence.
2/24/2015 House Bill REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS.
In concurrence. ORDERED SENT FORTHWITH.
6/9/2015 Senate Report READ and ACCEPTED.
READ ONCE.

Committee Amendment “A” (S-222) READ and ADOPTED.

Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (S-222) .

Ordered sent down forthwith for concurrence.
6/10/2015 House CONSENT CALENDAR – FIRST DAY
Under suspension of the rules
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (S-222).
In concurrence. ORDERED SENT FORTHWITH.
6/11/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/11/2015 Senate PASSED TO BE ENACTED, in concurrence.
6/23/2015 Senate LD 454 In Senate, June 23, 2015, this Bill, having been returned by the Governor, together with objections to the same pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?” 35 In Favor and 0 Against , accordingly it was the vote of the Senate that the Bill become law and the VETO was OVERRIDDEN.
Ordered sent down forthwith for concurrence.
6/23/2015 House This Bill, having been returned by the Governor, together with objections to the same pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the House proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?”
ROLL CALL NO. 393V
138 having voted in the affirmative and 5 in the negative, with 8 being absent, and accordingly it was the vote of the House that the Bill become a law notwithstanding the objections of the Governor, since two-thirds of the members of the House so voted.
In concurrence. ORDERED SENT FORTHWITH.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 454 as originally introduced. L.D. 454 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (S-222) .

An Act To Enact the Student Information Privacy Act

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 20-A MRSA 6006 is enacted to read:

6006. Student information privacy; school service providers

This section may be known and cited as “the Student Information Privacy Act.”

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms having the following meanings.

A. “Mobile application” means a software application designed to be downloaded to and installed on a portable computing device.
B. “School service” means a website, mobile application or online service that:

(1) Is designed and marketed for use in elementary or secondary schools in the State;

(2) Is used at the direction of teachers or other employees of an elementary or secondary school; and

(3) Collects, maintains or uses student personal information.

“School service” does not include a website, mobile application or online service that is designed and marketed for use by individuals or entities generally, even if it is also marketed to elementary or secondary schools in the State.

C. “School service provider” means an entity that operates a school service.
D. “Student” means a student of an elementary or secondary school in the State.
E. “Student personal information” means information collected through a school service that identifies an individual student or that is linked to information that identifies an individual student.

2. Transparency. A school service provider may collect, use and share student personal information only in accordance with this section.

A. A school service provider shall provide to schools and teachers that use the provider’s school service clear and easy-to-understand information about the types of student personal information it collects and about how it uses and shares student personal information.
B. A school service provider shall provide to schools and teachers that use the provider’s school service prominent notice before making material changes to its privacy policies.
C. A school service provider shall facilitate access to and correction of a student’s personal information by a student or student’s parent or guardian either directly or through the student’s school or teacher.
D. When a school service is offered to a school or teacher, a school service provider may provide information required by paragraphs A and B to the school or teacher.
E. A school service provider may collect, use and share student personal information only for purposes authorized by the student’s school or teacher or with the consent of the student or the student’s parent or guardian.
F. A school service provider may not sell student personal information.
G. A school service provider may not use or share student personal information for purposes of targeting advertisements to students based on students’ online behaviors.
H. A school service provider may not use student personal information to create a personal profile of a student other than for supporting purposes authorized by the student’s school or teacher or with the consent of the student or the student’s parent or guardian.
I. A school service provider must obtain consent before using student personal information in a manner that is inconsistent with the provider’s privacy policy for the applicable school service in effect at the time of collection of the information. If the student’s personal information was collected directly from a student, the school service provider must obtain consent from the student or the student’s parent or guardian. In all other cases, the school service provider may obtain consent from the school or teacher.
J. A school service provider shall maintain a comprehensive information security program that is reasonably designed to protect the security, privacy, confidentiality and integrity of student personal information. The information security program must use appropriate administrative, technological and physical safeguards.
K. A school service provider may not knowingly retain student personal information beyond the time period authorized by the school or teacher, unless the school service provider has obtained consent of the student or the student’s parent or guardian.
L. A school service provider shall obligate any 3rd parties involved on the provider’s behalf in the providing of school services to meet the requirements of this subsection.
M. Before permitting a successor entity to access student personal information, a school service provider shall ensure that the successor entity will abide by all privacy and security commitments related to previously collected student personal information.

3. Construction. Nothing in this Act may be construed to:

A. Prohibit the use of student personal information for purposes of customized education; or
B. Authorize the dissemination of information in violation of section 6001.

4. Rulemaking. The commissioner may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 2. Transition. If a school service provider, as defined in the Maine Revised Statutes, Title 20-A, section 6006, enters into a signed, written contract with a school or teacher prior to the effective date of this Act, that contract may remain in effect until the next renewal date of the contract.

SUMMARY

This bill establishes requirements for providers of websites, mobile applications or online services that collect, maintain or use personal information of elementary or secondary school students.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 454 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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