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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Social media privacy: postsecondary education.

Spectrum: Partisan Bill (Democrat 2-0)

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

Download: California-2011-SB1349-Amended.html
BILL NUMBER: SB 1349	AMENDED
	BILL TEXT

	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,   and to
add Chapter 2.5 (commencing with Section 980) to Part 3 of Division 2
of the Labor Code,  relating to social media privacy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1349, as amended, Yee.  The Social Media Privacy Act:
  Social media privacy:  postsecondary 
education and employment.   education. 
   Existing law establishes and sets forth the missions and functions
of the public and independent institutions of postsecondary
education in the state. 
   Existing law generally regulates the conduct of employers in the
state.  
   This bill would prohibit a postsecondary educational institution
and an employer, whether public or private, from requiring, or
formally requesting in writing, a student or an employee, or a
prospective student or employee, to disclose the user name and
account password for a personal social media account, as defined, or
to otherwise provide the institution or employer with access to any
content of that account, except as provided.  
   The bill would prohibit a postsecondary educational institution
and an employer from threatening a student or employee with or taking
specified pecuniary actions for refusing to disclose permissibly
requested information related to their personal social media account.
 
   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 private nonprofit and for-profit postsecondary educational
institutions to change the institution's relevant policies, and
submit an annual certification to the Bureau for Private
Postsecondary Education, to ensure compliance with this bill. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    This act shall be known, and may be
cited, as the Social Media Privacy Act. 
   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
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  medium where users may create, share, and view
user-generated content, including uploading or downloading 
 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) Except as provided for in subdivision (b), a public or
private postsecondary educational institution shall not require, or
formally request in writing, a student or prospective student to
disclose the user name and account password for a personal social
media account or to otherwise provide the institution with access to
any content of that account.
   (b) (1) A public or private postsecondary educational institution
may request, but not require, a student to provide the institution
with access to a personal social media account to aid in a formal
investigation conducted by the institution regarding specific
allegations of harassment, discrimination, intimidation, or potential
violence.
   (2) 
    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  disclose the requested information related to their
personal social media account   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.  Private nonprofit and for-profit postsecondary educational
institutions shall do both of the following:
   (a) Change the institution's relevant policies to ensure
compliance with Section 99121.
   (b) Submit certification once per year to the Bureau for Private
Postsecondary Education that the institution is in compliance with
Section 99121.  
  SEC. 3.    Chapter 2.5 (commencing with Section
980) is added to Part 3 of Division 2 of the Labor Code, to read:
      CHAPTER 2.5.  SOCIAL MEDIA PRIVACY


   980.  As used in this chapter, "social media" means an electronic
medium where users may create, share, and view user-generated
content, including uploading or downloading videos or still
photographs, blogs, video blogs, podcasts, instant messages, e-mail,
online services or accounts, or Internet Web site profiles or
locations.
   981.  (a) Except as provided for in subdivision (b), an employer,
whether public or private, shall not require, or formally request in
writing, an employee or prospective employee to disclose the user
name and account password for a personal social media account or to
otherwise provide the employer with access to any content of that
account.
   (b) (1) An employer, whether public or private, may request, but
not require, an employee to provide the employer with access to a
personal social media account to aid in a formal investigation
conducted by the institution regarding specific allegations of
harassment, discrimination, intimidation, or potential violence.
   (2) An employer, whether public or private, shall not discharge,
discipline, threaten to discharge or discipline, or otherwise
penalize an employee in any way for refusing to disclose the
requested information related to their personal social media account.
            
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