Bill Text: OR SB344 | 2013 | Regular Session | Enrolled
Bill Title: Relating to online information.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2013-06-21 - Effective date, January 1, 2014. [SB344 Detail]
Download: Oregon-2013-SB344-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 344
Sponsored by Senators BURDICK, STEINER HAYWARD, STARR, KNOPP;
Senator EDWARDS, Representatives DOHERTY, GREENLICK (Presession
filed.)
CHAPTER ................
AN ACT
Relating to online information.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A public or private educational institution
may not:
(a) Require, request or otherwise compel a student or
prospective student to disclose or to provide access to a
personal social media account through the student's or
prospective student's user name and password, password or other
means of authentication that provides access.
(b) Require, request or otherwise compel a student or
prospective student to access a personal social media account in
the presence of an administrator or other employee of the
educational institution in a manner that enables the
administrator or employee to observe the contents of the personal
social media account.
(c) Take, or threaten to take, any action to discipline or to
prohibit from participation in curricular or extracurricular
activities a student or prospective student for refusal to
disclose the information or take actions specified in paragraph
(a) or (b) of this subsection.
(d) Fail or refuse to admit a prospective student as a result
of the refusal by the prospective student to disclose the
information or take actions specified in paragraph (a) or (b) of
this subsection.
(2) Nothing in this section prohibits an educational
institution from:
(a) Conducting an investigation, for the purpose of ensuring
compliance with applicable law, regulatory requirements or
prohibitions against student misconduct, that is based on the
receipt of specific information about activity associated with a
personal social media account.
(b) Conducting an investigation authorized under paragraph (a)
of this subsection that requires the student to share specific
content on a social media account with the educational
institution in order for the educational institution to make a
factual determination about that content. Student cooperation
required under this paragraph does not include providing the
student's user name and password, password or other means of
authentication that provides access to the student's personal
social media account to the educational institution.
Enrolled Senate Bill 344 (SB 344-A) Page 1
(c) Revoking a student's access, in whole or in part, to
equipment or computer networks owned or operated by the
educational institution.
(3) An educational institution is not liable for obtaining the
user name and password, password or other means of authentication
that provides access to a student's social media account through
the application of the educational institution's policies
governing the use of university equipment or computer networks
owned or operated by the educational institution. However, the
educational institution may not use the information obtained
without the voluntary consent of the student.
(4) Nothing in this section applies to social media accounts
intended for use solely for educational purposes at an
educational institution or to social media accounts that are
created by the educational institution and provided to the
student if the student has been provided advance notice that the
account may be monitored at any time by the educational
institution.
(5) As used in this section:
(a) 'Educational institution' means an institution that offers
participants, students or trainees an organized course of study
or training that is academic, technical, trade-oriented or
preparatory for gainful employment in a recognized occupation. '
Educational institution' includes, but is not limited to,
community colleges and the public universities listed in ORS
352.002 but does not include kindergarten, elementary or
secondary schools.
(b) 'Social media' means an electronic medium that allows users
to create, share and view user-generated content, including, but
not limited to, uploading or downloading videos, still
photographs, blogs, video blogs, podcasts, instant messages,
electronic mail or Internet website profiles or locations. + }
SECTION 2. { + (1) Any person claiming to be aggrieved by a
violation of section 1 of this 2013 Act may file a civil action
in circuit court for equitable relief or, subject to the terms
and conditions of ORS 30.265 to 30.300, damages, or both. The
court may order such other relief as may be appropriate. Damages
shall be $200 or actual damages, whichever is greater.
(2) The action authorized by this section shall be filed within
one year of the filing of a grievance.
(3) An action under this section may not be filed unless,
within 180 days of the alleged violation, a grievance has been
filed with the governing body of the educational institution
against which the violation is alleged.
(4) An action under this section may not be filed until 90 days
after filing a grievance unless only injunctive relief is sought
pursuant to ORCP 79. The right to temporary or preliminary
injunctive relief shall be independent of the right to pursue any
administrative remedy available to complainants.
(5) An action under this section may not be filed if the
governing body of the educational institution has obtained a
conciliation agreement with the person filing the grievance or if
a final determination of the grievance has been made except as
provided in ORS 183.480.
(6) Notwithstanding the filing of a grievance pursuant to
subsection (3) of this section, a person seeking to maintain an
action under this section against a public educational
institution shall also file a notice of claim within 180 days of
the alleged violation in the manner provided by ORS 30.275.
Enrolled Senate Bill 344 (SB 344-A) Page 2
(7) The court shall award reasonable attorney fees to a
prevailing plaintiff in any action under this section. The court
may award reasonable attorney fees and expert witness fees
incurred by a defendant who prevails in the action if the court
determines that the plaintiff had no objectively reasonable basis
for asserting a claim or no objectively reasonable basis for
appealing an adverse decision of a trial court. + }
----------
Passed by Senate April 22, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 3, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 344 (SB 344-A) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 344 (SB 344-A) Page 4
