Bill Text: IL SB1578 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Student Online Personal Protection Act. Provides that an operator shall not knowingly sell, rent, lease, or trade a student's information (rather than knowingly sell or rent a student's information). Regarding an operator's request to receive covered information from a school, a school district, or the State Board of Education, provides that the written agreement related thereto must require the operator to provide a parent with a means to view and to request edits to the covered information to be maintained by the operator. If a breach occurs and is attributed to the operator, provides that any investigation and remediation costs and expenses incurred by the school as a result of the breach shall be borne by the operator (rather than the costs and expenses shall be allocated between the operator and the school). Removes local school council members as individuals who are authorized to share, transfer, disclose, or provide access to a student's covered information without a written agreement. Requires the State Board of Education to develop and make available model student data privacy policies and procedures as soon as practical after July 1, 2021. Makes changes concerning parent and student rights. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-23 - Rule 2-10 Committee/3rd Reading Deadline Established As April 30, 2021 [SB1578 Detail]

Download: Illinois-2021-SB1578-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1578 Introduced 2/26/2021, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
105 ILCS 85/10
105 ILCS 85/15
105 ILCS 85/26
105 ILCS 85/28
105 ILCS 85/33
Amends the Student Online Personal Protection Act. Provides than an operator shall not knowingly sell, rent, lease, or trade a student's information (rather than knowingly sell or rent a student's information). Regarding an operator's request to receive covered information from a school, a school district, or the State Board of Education, provides that the written agreement related thereto must require the operator to provide a parent with a means to view and to request edits to the covered information to be maintained by the operator. If a breach occurs and is attributed to the operator, provides that any investigation and remediation costs and expenses incurred by the school as a result of the breach shall be borne by the operator (rather than the costs and expenses shall be allocated between the operator and the school). Removes local school council members as individuals who are authorized to share, transfer, disclose, or provide access to a student's covered information without a written agreement. Requires the State Board of Education to develop and make available model student data privacy policies and procedures as soon as practical after July 1, 2021. Makes changes concerning parent and student rights. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB1578 LRB102 14184 CMG 19536 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Student Online Personal Protection Act is
amended by changing Sections 10, 15, 26, 28, and 33 as follows:
(105 ILCS 85/10)
(Text of Section before amendment by P.A. 101-516)
Sec. 10. Operator prohibitions. An operator shall not
knowingly do any of the following:
(1) Engage in targeted advertising on the operator's
site, service, or application or target advertising on any
other site, service, or application if the targeting of
the advertising is based on any information, including
covered information and persistent unique identifiers,
that the operator has acquired because of the use of that
operator's site, service, or application for K through 12
school purposes.
(2) Use information, including persistent unique
identifiers, created or gathered by the operator's site,
service, or application to amass a profile about a
student, except in furtherance of K through 12 school
purposes. "Amass a profile" does not include the
collection and retention of account information that

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remains under the control of the student, the student's
parent or legal guardian, or the school.
(3) Sell or rent a student's information, including
covered information. This subdivision (3) does not apply
to the purchase, merger, or other type of acquisition of
an operator by another entity if the operator or successor
entity complies with this Act regarding previously
acquired student information.
(4) Except as otherwise provided in Section 20 of this
Act, disclose covered information, unless the disclosure
is made for the following purposes:
(A) In furtherance of the K through 12 school
purposes of the site, service, or application if the
recipient of the covered information disclosed under
this clause (A) does not further disclose the
information, unless done to allow or improve
operability and functionality of the operator's site,
service, or application.
(B) To ensure legal and regulatory compliance or
take precautions against liability.
(C) To respond to the judicial process.
(D) To protect the safety or integrity of users of
the site or others or the security of the site,
service, or application.
(E) For a school, educational, or employment
purpose requested by the student or the student's

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parent or legal guardian, provided that the
information is not used or further disclosed for any
other purpose.
(F) To a third party if the operator contractually
prohibits the third party from using any covered
information for any purpose other than providing the
contracted service to or on behalf of the operator,
prohibits the third party from disclosing any covered
information provided by the operator with subsequent
third parties, and requires the third party to
implement and maintain reasonable security procedures
and practices.
Nothing in this Section prohibits the operator's use of
information for maintaining, developing, supporting,
improving, or diagnosing the operator's site, service, or
application.
(Source: P.A. 100-315, eff. 8-24-17.)
(Text of Section after amendment by P.A. 101-516)
Sec. 10. Operator prohibitions. An operator shall not
knowingly do any of the following:
(1) Engage in targeted advertising on the operator's
site, service, or application or target advertising on any
other site, service, or application if the targeting of
the advertising is based on any information, including
covered information and persistent unique identifiers,

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that the operator has acquired because of the use of that
operator's site, service, or application for K through 12
school purposes.
(2) Use information, including persistent unique
identifiers, created or gathered by the operator's site,
service, or application to amass a profile about a
student, except in furtherance of K through 12 school
purposes. "Amass a profile" does not include the
collection and retention of account information that
remains under the control of the student, the student's
parent, or the school.
(3) Sell, or rent, lease, or trade a student's
information, including covered information. This
subdivision (3) does not apply to the purchase, merger, or
other type of acquisition of an operator by another entity
if the operator or successor entity complies with this Act
regarding previously acquired student information.
(4) Except as otherwise provided in Section 20 of this
Act, disclose covered information, unless the disclosure
is made for the following purposes:
(A) In furtherance of the K through 12 school
purposes of the site, service, or application if the
recipient of the covered information disclosed under
this clause (A) does not further disclose the
information, unless done to allow or improve
operability and functionality of the operator's site,

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service, or application.
(B) To ensure legal and regulatory compliance or
take precautions against liability.
(C) To respond to the judicial process.
(D) To protect the safety or integrity of users of
the site or others or the security of the site,
service, or application.
(E) For a school, educational, or employment
purpose requested by the student or the student's
parent, provided that the information is not used or
further disclosed for any other purpose.
(F) To a third party if the operator contractually
prohibits the third party from using any covered
information for any purpose other than providing the
contracted service to or on behalf of the operator,
prohibits the third party from disclosing any covered
information provided by the operator with subsequent
third parties, and requires the third party to
implement and maintain security procedures and
practices as required under Section 15.
Nothing in this Section prohibits the operator's use of
information for maintaining, developing, supporting,
improving, or diagnosing the operator's site, service, or
application.
(Source: P.A. 100-315, eff. 8-24-17; 101-516, eff. 7-1-21.)

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(105 ILCS 85/15)
(Text of Section before amendment by P.A. 101-516)
Sec. 15. Operator duties. An operator shall do the
following:
(1) Implement and maintain reasonable security
procedures and practices appropriate to the nature of the
covered information and designed to protect that covered
information from unauthorized access, destruction, use,
modification, or disclosure.
(2) Delete, within a reasonable time period, a
student's covered information if the school or school
district requests deletion of covered information under
the control of the school or school district, unless a
student or his or her parent or legal guardian consents to
the maintenance of the covered information.
(3) Publicly disclose material information about its
collection, use, and disclosure of covered information,
including, but not limited to, publishing a terms of
service agreement, privacy policy, or similar document.
(Source: P.A. 100-315, eff. 8-24-17.)
(Text of Section after amendment by P.A. 101-516)
Sec. 15. Operator duties. An operator shall do the
following:
(1) Implement and maintain reasonable security
procedures and practices that otherwise meet or exceed

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industry standards designed to protect covered information
from unauthorized access, destruction, use, modification,
or disclosure.
(2) Delete, within a reasonable time period, a
student's covered information if the school or school
district requests deletion of covered information under
the control of the school or school district, unless a
student or his or her parent consents to the maintenance
of the covered information.
(3) Publicly disclose material information about its
collection, use, and disclosure of covered information,
including, but not limited to, publishing a terms of
service agreement, privacy policy, or similar document.
(4) Except for a nonpublic school, for any operator
who seeks to receive from a school, school district, or
the State Board in any manner any covered information,
enter into a written agreement with the school, school
district, or State Board before the covered information
may be transferred. The written agreement may be created
in electronic form and signed with an electronic or
digital signature or may be a click wrap agreement that is
used with software licenses, downloaded or online
applications and transactions for educational
technologies, or other technologies in which a user must
agree to terms and conditions before using the product or
service. Any written agreement entered into, amended, or

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renewed must contain all of the following:
(A) A listing of the categories or types of
covered information to be provided to the operator.
(A-5) A requirement that the operator provide to a
parent a means through the parent's dashboard to view
and to request edits to the covered information to be
maintained by the operator.
(B) A statement of the product or service being
provided to the school by the operator.
(C) A statement that, pursuant to the federal
Family Educational Rights and Privacy Act of 1974, the
operator is acting as a school official with a
legitimate educational interest, is performing an
institutional service or function for which the school
would otherwise use employees, under the direct
control of the school, with respect to the use and
maintenance of covered information, and is using the
covered information only for an authorized purpose and
may not re-disclose it to third parties or affiliates,
unless otherwise permitted under this Act, without
permission from the school or pursuant to court order.
(D) A description of how, if a breach is
attributed to the operator, any costs and expenses
incurred by the school in investigating and
remediating the breach will be borne by allocated
between the operator and the school. The costs and

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expenses may include, but are not limited to:
(i) providing notification to the parents of
those students whose covered information was
compromised and to regulatory agencies or other
entities as required by law or contract;
(ii) providing credit monitoring to those
students whose covered information was exposed in
a manner during the breach that a reasonable
person would believe that it could impact his or
her credit or financial security;
(iii) legal fees, audit costs, fines, and any
other fees or damages imposed against the school
as a result of the security breach; and
(iv) providing any other notifications or
fulfilling any other requirements adopted by the
State Board or of any other State or federal laws.
(E) A statement that the operator must delete or
transfer to the school all covered information if the
information is no longer needed for the purposes of
the written agreement and to specify the time period
in which the information must be deleted or
transferred once the operator is made aware that the
information is no longer needed for the purposes of
the written agreement.
(F) If the school maintains a website, a statement
that the school must publish the written agreement on

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the school's website. If the school does not maintain
a website, a statement that the school must make the
written agreement available for inspection by the
general public at its administrative office. If
mutually agreed upon by the school and the operator,
provisions of the written agreement, other than those
under subparagraphs (A), (B), and (C), may be redacted
in the copy of the written agreement published on the
school's website or made available at its
administrative office.
(5) In case of any breach, within the most expedient
time possible and without unreasonable delay, but no later
than 30 calendar days after the determination that a
breach has occurred, notify the school of any breach of
the students' covered information.
(6) Except for a nonpublic school, provide to the
school a list of any third parties or affiliates to whom
the operator is currently disclosing covered information
or has disclosed covered information. This list must, at a
minimum, be updated and provided to the school by the
beginning of each State fiscal year and at the beginning
of each calendar year.
(Source: P.A. 100-315, eff. 8-24-17; 101-516, eff. 7-1-21.)
(105 ILCS 85/26)
(This Section may contain text from a Public Act with a

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delayed effective date)
Sec. 26. School prohibitions. A school may not do either
of the following:
(1) Sell, rent, lease, or trade covered information.
(2) Share, transfer, disclose, or provide access to a
student's covered information to an entity or individual,
other than the student's parent, school personnel,
appointed or elected school board members or local school
council members, or the State Board, without a written
agreement, unless the disclosure or transfer is:
(A) to the extent permitted by State or federal
law, to law enforcement officials to protect the
safety of users or others or the security or integrity
of the operator's service;
(B) required by court order or State or federal
law; or
(C) to ensure legal or regulatory compliance.
This paragraph (2) does not apply to nonpublic
schools.
(Source: P.A. 101-516, eff. 7-1-21.)
(105 ILCS 85/28)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 28. State Board duties.
(a) The State Board may not sell, rent, lease, or trade

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covered information.
(b) Except for an employee of the State Board or a State
Board official acting within his or her official capacity, the
State Board may not share, transfer, disclose, or provide
covered information to an entity or individual without a
contract or written agreement, except for disclosures required
by State or federal law.
(c) At least once annually, the State Board must publish
and maintain on its website a list of all of the entities or
individuals, including, but not limited to, operators,
individual researchers, research organizations, institutions
of higher education, or government agencies, that the State
Board contracts with or has written agreements with and that
hold covered information and a copy of each contract or
written agreement. The list must include all of the following
information:
(1) The name of the entity or individual. In naming an
individual, the list must include the entity that sponsors
the individual or with which the individual is affiliated,
if any. If the individual is conducting research at an
institution of higher education, the list may include the
name of that institution and a contact person in the
department that is associated with the research in lieu of
the name of the researcher. If the entity is an operator,
the list must include its business address.
(2) The purpose and scope of the contract or

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agreement.
(3) The duration of the contract or agreement.
(4) The types of covered information that the entity
or individual holds under the contract or agreement.
(5) The use of the covered information under the
contract or agreement.
(6) The length of time for which the entity or
individual may hold the covered information.
(7) A list of any subcontractors to whom covered
information may be disclosed under Section 15 or a link to
a page on the operator's website that clearly lists that
information.
If mutually agreed upon by the State Board and the
operator, provisions of a contract or written agreement, other
than those pertaining to paragraphs (1) through (7), may be
redacted on the State Board's website.
(d) The State Board shall create, publish, and make
publicly available an inventory, along with a dictionary or
index of data elements and their definitions, of covered
information collected or maintained by the State Board,
including, but not limited to, both of the following:
(1) Covered information that schools are required to
report to the State Board by State or federal law.
(2) Covered information in the State longitudinal data
system or any data warehouse used by the State Board to
populate the longitudinal data system.

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The inventory shall make clear for what purposes the State
Board uses the covered information.
(e) As soon as practical after July 1, 2021 (the effective
date of Public Act 101-516), the The State Board shall
develop, publish, and make publicly available, for the benefit
of schools, model student data privacy policies and procedures
that comply with relevant State and federal law, including,
but not limited to, a model notice that schools must use to
provide notice to parents and students about operators. The
notice must state, in general terms, the types of student data
that are collected by the schools and shared with operators
under this Act and the purposes of collecting and using the
student data. After creation of the notice under this
subsection, a school shall, at the beginning of each school
year, provide the notice to parents by the same means
generally used to send notices to them. This subsection does
not apply to nonpublic schools.
(Source: P.A. 101-516, eff. 7-1-21.)
(105 ILCS 85/33)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 33. Parent and student rights.
(a) A student's covered information shall be collected
only for K through 12 school purposes and not further
processed in a manner that is incompatible with those

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purposes.
(b) A student's covered information shall only be
adequate, relevant, and limited to what is necessary in
relation to the K through 12 school purposes for which it is
processed.
(c) Except for a parent of a student enrolled in a
nonpublic school, the parent of a student enrolled in a school
has the right to all of the following:
(1) Inspect and review the student's covered
information, regardless of whether it is maintained by the
school, the State Board, or an operator.
(1.5) Request from the operator the ability to edit
the student's covered information.
(2) Request from a school a paper or electronic copy
of the student's covered information, including covered
information maintained by an operator or the State Board.
If a parent requests an electronic copy of the student's
covered information under this paragraph, the school must
provide an electronic copy of that information, unless the
school does not maintain the information in an electronic
format and reproducing the information in an electronic
format would be unduly burdensome to the school. If a
parent requests a paper copy of the student's covered
information, the school may charge the parent the
reasonable cost for copying the information in an amount
not to exceed the amount fixed in a schedule adopted by the

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State Board, except that no parent may be denied a copy of
the information due to the parent's inability to bear the
cost of the copying. The State Board must adopt rules on
the methodology and frequency of requests under this
paragraph.
(2.5) Request from the State Board a paper or
electronic copy of the student's covered information,
including covered information maintained by an operator of
the State Board or by the State Board.
(3) Request corrections of factual inaccuracies
contained in the student's covered information. After
receiving a request for corrections and determining that a
factual inaccuracy exists, a school or the State Board
must do either of the following:
(A) If the school or the State Board maintains or
possesses the covered information that contains the
factual inaccuracy, correct the factual inaccuracy and
confirm the correction with the parent within 90
calendar days after receiving the parent's request.
(B) If the operator or State Board maintains or
possesses the covered information that contains the
factual inaccuracy, notify the operator or the State
Board of the correction. The operator or the State
Board must correct the factual inaccuracy and confirm
the correction with the school or the State Board
within 90 calendar days after receiving the notice.

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Within 10 business days after receiving confirmation
of the correction from the operator or State Board,
the school or the State Board must confirm the
correction with the parent.
(d) Nothing in this Section shall be construed to limit
the rights granted to parents and students under the Illinois
School Student Records Act or the federal Family Educational
Rights and Privacy Act of 1974.
(Source: P.A. 101-516, eff. 7-1-21.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.