2023 -- H 5561

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LC001170

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

     RELATING TO EDUCATION -- STUDENT COMPUTER DEVICE PRIVACY

     

     Introduced By: Representatives Speakman, Ajello, Sanchez, Morales, and Henries

     Date Introduced: February 15, 2023

     Referred To: House Innovation, Internet, & Technology

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

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adding thereto the following chapter:

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CHAPTER 112

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STUDENT COMPUTER DEVICE PRIVACY

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     16-112-1. Definitions.

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     As used in this chapter, the following words and terms shall have the following meanings:

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     (1) "De-identified" means data from which all personally identifiable information has been

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removed.

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     (2) "Educational institution" or "school" means any public institution that offers

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participants, students, or trainees an organized course of study or training that is academic, trade

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oriented or preparatory for gainful employment in a recognized occupation and shall include any

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person acting as an agent of the institution.

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     (3) "Institutional device" means any computing device, including computer, laptop, tablet,

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smartphone or other electronic device owned or maintained by the educational institution or school

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district and provided to a student for educational use.

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     (4) "Location data" means records of global positioning system or other precise location

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data either recorded historically or in real time.

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     (5) "Personal device" means any computing device, including computer, laptop, tablet,

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smartphone or other electronic device provided by the end user being used for educational purposes.

 

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     (6) "School district" means any local education agency and shall include any person acting

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as an agent of the agency.

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     (7) "Student" means any student, participant, or trainee, whether full-time or part-time, in

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an organized course of study at an educational institution.

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     16-112-2. Restricted access to audio and video functions.

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     (a) No educational institution or school district shall activate or access, or request a third

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party, other than a student's parent or legal guardian, to activate or access, any audio or video

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receiving, transmitting, or recording functions on a student's institutional device or personal device,

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unless:

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     (1) A student initiates the activation for educational purposes and access is limited to that

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purpose;

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     (2) The activation and/or access is ordered pursuant to a judicial warrant; or

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     (3) Activation and/or access is deemed reasonably necessary in order to respond to a

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suspected imminent threat to life or safety and is limited to that purpose.

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     (b) Within seventy-two (72) hours of activating and/or accessing, or requesting activation

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and/or access by a third party other than the student's parent or legal guardian, to the audio or video

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receiving, transmitting, or recording functions on a student's institutional device or personal device

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pursuant to subsection (a)(3) of this section, the educational institution or school district shall

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provide to the student and their parent or legal guardian a written explanation of the precise threat

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that prompted the access and the data and features that were activated and/or accessed.

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     (c) No third party, other than a student's parent or legal guardian, shall activate or access

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any audio or video receiving, transmitting, or recording functions on a student's institutional device

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or personal device for any reason other than those provided in subsection (a) of this section. Within

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seventy-two (72) hours of activating and/or accessing such functions pursuant to subsection (a)(3)

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of this section, the third party shall provide to the educational institution or school district a written

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explanation of the precise threat that prompted the access and the data and features that were

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activated and/or accessed.

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     (d) Within seventy-two (72) hours of receiving information pursuant to subsection (c) of

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this section, the educational institution or school district shall forward the explanation to the student

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and their parent or legal guardian.

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     16-112-3. Restricted access to location data.

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     (a) No educational institution or school district may access or use location data for tracking

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a student's institutional device or personal device, or request a third party other than a student's

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parent or legal guardian, to do so, unless:

 

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     (1) Such access or use is ordered pursuant to a judicial warrant;

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     (2) The student to whom the institutional device was provided, or their parent or legal

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guardian, has notified the educational institution or school district in writing that the institutional

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device is missing or stolen, or the device has not been returned when required for inventory

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purposes;

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     (3) The access or use is deemed reasonably necessary in order to respond to a suspected

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imminent threat to life or safety and is limited to that purpose; or

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     (4) The data is retrieved in a de-identified manner and is used only to determine whether

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the device is on-site or off-site.

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     (b) Within seventy-two (72) hours of accessing or using, or requesting a third party other

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than a student's parent or legal guardian to access or use, the location data for a student's

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institutional device or personal device pursuant to subsection (a)(3) of this section, the educational

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institution or school district shall provide to the student and their parent or legal guardian a written

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explanation of the precise threat that prompted the access or use and the data and features that were

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accessed or used.

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     16-112-4. Authority to adopt policies.

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     School districts shall have the authority to adopt policies to further implement this chapter.

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     16-112-5. Penalties.

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     (a) In any civil action alleging a violation or proposed violation of this chapter, the court

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may award to a prevailing plaintiff appropriate injunctive and declaratory relief, damages, and

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reasonable attorneys' fees and costs.

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     (b) The rights provided a parent or legal guardian under this chapter shall accrue to any

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student who is eighteen (18) years of age or older.

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     SECTION 2. This act shall take effect on August 1, 2023.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

     RELATING TO EDUCATION -- STUDENT COMPUTER DEVICE PRIVACY

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     This act would prohibit an educational institution or school district from accessing any

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audio or video recording, transmitting or recording function on a student's institutional or personal

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device or using location data for tracking a student's institutional device or personal device, or allow

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a third party to do so, except in limited circumstances.

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     This act would take effect on August 1, 2023.

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