HOUSE OF REPRESENTATIVES	H.B. NO.	613
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO STUDENT DATA MANAGEMENT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§302A-    Student data management.  (a)  A computer service provider shall not process student data for any purpose other than providing, improving, developing, or maintaining the integrity of its computer-based service, unless the computer service provider receives express permission from the student's parent.  A computer service provider shall not sell, disclose, or otherwise process student data for any commercial or advertising purpose.

     (b)  A computer service provider may process student data to assist the department or its personnel in conducting educational research as permitted by the Family Educational Rights and Privacy Act of 1974, as amended, 20 U.S.C. sec 1232g.

     (c)  A computer service provider that enters into an agreement to provide computer-based services to the department shall certify in writing to the department that it will comply with this section.

     (d)  The department may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section.

     (e)  Whenever used in this section, unless the context requires otherwise:

     "Computer-based service" means any electronic service not operated by the department that processes student data through computer application, cloud computing, computer program, database, data warehouse, network, operating system, server, or software.

     "Computer service provider" means any private person, firm, corporation, association, business entity, or partnership, other than the department or department personnel, that provides the department with a computer-based service that processes student data.

     "Process" means to electronically use, access, collect, manipulate, modify, analyze, transform, disclose, store, transmit, aggregate, or dispose of student data.

     "Student data" means any information or material that identifies a student, including but not limited to a student's name, email address, email messages, postal address, phone number, and any documents, photos, or unique identifiers relating to a student."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on March 15, 2038.

 

 

Report Title:

Student data; Computer services

 

Description:

Limits and controls the ways in which a computer service provider working with the DOE can use student data.  (HB613 HD1)

 

 

 

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