Full Text of SB3099 100th General Assembly
SB3099 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3099 Introduced 2/15/2018, by Sen. Jennifer Bertino-Tarrant SYNOPSIS AS INTRODUCED: |
| 105 ILCS 85/10 | | 105 ILCS 85/20 | |
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Amends the Student Online Personal Protection Act. Provides that a national assessment provider may sell or rent a student's information if the provider secures express written consent from the student or the parent or guardian of the student given in response to a clear and conspicuous notice and the information is used solely to provide access to employment, educational scholarships or financial aid, or post-secondary educational opportunities. Provides that an operator may use or disclose covered information of a student, if no information is used for advertising or to amass a profile on the student for purposes other than K through 12 school purposes, for legitimate research purposes as required or allowed by State or federal law and in furtherance of K through 12 school purposes or post-secondary educational purposes (instead of for legitimate research purposes as required or allowed by State or federal law and under the direction of a school, a school district, or the State Board of Education if the information is not used for advertising or to amass a profile on the student for purposes other than for K through 12 school purposes). Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Student Online Personal Protection Act is | 5 | | amended by changing Sections 10 and 20 as follows: | 6 | | (105 ILCS 85/10)
| 7 | | Sec. 10. Operator prohibitions. An operator shall not | 8 | | knowingly do any of the following: | 9 | | (1) Engage in targeted advertising on the operator's | 10 | | site, service, or application or target advertising on any | 11 | | other site, service, or application if the targeting of the | 12 | | advertising is based on any information, including covered | 13 | | information and persistent unique identifiers, that the | 14 | | operator has acquired because of the use of that operator's | 15 | | site, service, or application for K through 12 school | 16 | | purposes. | 17 | | (2) Use information, including persistent unique | 18 | | identifiers, created or gathered by the operator's site, | 19 | | service, or application to amass a profile about a student, | 20 | | except in furtherance of K through 12 school purposes. | 21 | | "Amass a profile" does not include the collection and | 22 | | retention of account information that remains under the | 23 | | control of the student, the student's parent or legal |
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| 1 | | guardian, or the school. | 2 | | (3) Sell or rent a student's information, including | 3 | | covered information. This subdivision (3) does not apply to | 4 | | the purchase, merger, or other type of acquisition of an | 5 | | operator by another entity if the operator or successor | 6 | | entity complies with this Act regarding previously | 7 | | acquired student information or to a national assessment | 8 | | provider if the provider secures express written consent | 9 | | from the student or the parent or legal guardian of the | 10 | | student given in response to a clear and conspicuous notice | 11 | | and the information is used solely to provide access to | 12 | | employment, educational scholarships or financial aid, or | 13 | | post-secondary educational opportunities . | 14 | | (4) Except as otherwise provided in Section 20 of this | 15 | | Act, disclose covered information, unless the disclosure | 16 | | is made for the following purposes: | 17 | | (A) In furtherance of the K through 12 school | 18 | | purposes of the site, service, or application if the | 19 | | recipient of the covered information disclosed under | 20 | | this clause (A) does not further disclose the | 21 | | information, unless done to allow or improve | 22 | | operability and functionality of the operator's site, | 23 | | service, or application. | 24 | | (B) To ensure legal and regulatory compliance or | 25 | | take precautions
against liability. | 26 | | (C) To respond to the judicial process. |
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| 1 | | (D) To protect the safety or integrity of users of | 2 | | the site or others or the security of the site, | 3 | | service, or application. | 4 | | (E) For a school, educational, or employment | 5 | | purpose requested by the student or the student's | 6 | | parent or legal guardian, provided that the | 7 | | information is not used or further disclosed for any | 8 | | other purpose. | 9 | | (F) To a third party if the operator contractually | 10 | | prohibits the third party from using any covered | 11 | | information for any purpose other than providing the | 12 | | contracted service to or on behalf of the operator, | 13 | | prohibits the third party from disclosing any covered | 14 | | information provided by the operator with subsequent | 15 | | third parties, and requires the third party to | 16 | | implement and maintain reasonable security procedures | 17 | | and practices. | 18 | | Nothing in this Section prohibits the operator's use of | 19 | | information for maintaining, developing, supporting, | 20 | | improving, or diagnosing the operator's site, service, or | 21 | | application.
| 22 | | (Source: P.A. 100-315, eff. 8-24-17.) | 23 | | (105 ILCS 85/20)
| 24 | | Sec. 20. Permissive use or disclosure. An operator may use | 25 | | or disclose covered information of a student under the |
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| 1 | | following circumstances: | 2 | | (1) If other provisions of federal or State law require | 3 | | the operator to disclose the information, and the operator | 4 | | complies with the requirements of federal and State law in | 5 | | protecting and disclosing that information. | 6 | | (2) If no covered information is used for advertising | 7 | | or to amass a profile on the student for purposes other | 8 | | than K through 12 school purposes, for For legitimate | 9 | | research purposes as required by State or federal law and | 10 | | subject to the restrictions under applicable State and | 11 | | federal law or as allowed by State or federal law in | 12 | | furtherance of and under the direction of a school, school | 13 | | district, or the State Board of Education if the covered | 14 | | information is not used for advertising or to amass a | 15 | | profile on the student for purposes other than for K | 16 | | through 12 school purposes or post-secondary educational | 17 | | purposes . | 18 | | (3) To a State or local educational agency, including | 19 | | schools and school districts, for K through 12 school | 20 | | purposes, as permitted by State or federal law.
| 21 | | (Source: P.A. 100-315, eff. 8-24-17.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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