HB1266ham001 100TH GENERAL ASSEMBLY

Rep. Arthur Turner

Filed: 4/19/2018

10000HB1266ham001 LRB100 02974 AXK 38452 a

AMENDMENT TO HOUSE BILL 1266

AMENDMENT NO. ______. Amend House Bill 1266 by replacing everything after the enacting clause with the following:

"Section 5. The Student Online Personal Protection Act is amended by changing Section 25 as follows:

(105 ILCS 85/25)

Sec. 25. Operator actions that are not prohibited. This Act does not prohibit an operator from doing any of the following:

(1) Using covered information to improve educational products if that information is not associated with an identified student within the operator's site, service, or application or other sites, services, or applications owned by the operator.

(2) Using covered information that is not associated with an identified student to demonstrate the effectiveness of the operator's products or services, including in their marketing.

(3) Sharing covered information that is not associated with an identified student for the development and improvement of educational sites, services, or applications.

(4) Using recommendation engines to recommend to a student either of the following:

(A) Additional content relating to an educational, other learning, or employment opportunity purpose within an online site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party.

(B) Additional services relating to an educational, other learning, or employment opportunity purpose within an online site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party.

(5) Responding to a student's request for information or for feedback without the information or response being determined in whole or in part by payment or other consideration from a third party.

(6) Identifying for a student, with the express, affirmative consent of the student or the student's parent or guardian, an institution of higher education or scholarship provider that is seeking a student who meets certain criteria, regardless of whether the institution of higher education or scholarship provider provides the operator consideration.

(Source: P.A. 100-315, eff. 8-24-17.)

Section 99. Effective date. This Act takes effect upon becoming law.".