Bill Text: CA SB1349 | 2011-2012 | Regular Session | Chaptered


Bill Title: Social media privacy: postsecondary education.

Status: (Passed) 2012-09-27 - Chaptered by Secretary of State. Chapter 619, Statutes of 2012. [SB1349 Detail]

Download: California-2011-SB1349-Chaptered.html
BILL NUMBER: SB 1349	CHAPTERED
	BILL TEXT

	CHAPTER  619
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2012
	PASSED THE SENATE  AUGUST 21, 2012
	PASSED THE ASSEMBLY  AUGUST 16, 2012
	AMENDED IN ASSEMBLY  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  JUNE 25, 2012
	AMENDED IN SENATE  MAY 2, 2012
	AMENDED IN SENATE  MARCH 27, 2012

INTRODUCED BY   Senator Yee
   (Principal coauthor: Assembly Member Campos)

                        FEBRUARY 24, 2012

   An act to add Chapter 2.5 (commencing with Section 99120) to Part
65 of Division 14 of Title 3 of the Education Code, relating to
social media privacy.



	LEGISLATIVE COUNSEL'S DIGEST


   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.



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 (commencing with Section 99120) is added to
Part 65 of Division 14 of Title 3 of the Education Code, to read:
      CHAPTER 2.5.  SOCIAL MEDIA PRIVACY


   99120.  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.
   99121.  (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.
   99122.  A private nonprofit or for-profit postsecondary
educational institution shall post its social media privacy policy on
the institution's Internet Web site.
    
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