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 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 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, as amended, 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 nonprofitandor for-profit postsecondary educationalinstitutions to change the institution's relevant policies, and submit an annual certification to the Bureau for Private Postsecondary Education, to ensure compliance with this billinstitution to post its social media privacy policy on the institution's Internet Web site . 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. 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,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 99121.99122. A private nonprofit or for-profit postsecondary educational institution shall post its social media privacy policy on the institution's Internet Web site.