Student Online Personal Information Protection Act (“SOPIPA”)

Chapter 22.2, Division 8 of the Business and Professions Code

On September 29, 2014, California Governor Jerry Brown signed into law a bill to protect students in the digital age. Online sites, services, and applications developed for k-12 school purposes must (i) safeguard student personal information; (ii) ensure that the third party applications they make available on their sites also safeguard the personal information of students; (iii) keep student data safe and cannot hold student personal information indefinitely.

The chapter shall become operative on January 1, 2016.

The intent of the legislation, as stated in the Bill, is as follows:

Existing law, on and after January 1, 2015, prohibits an operator of an Internet Web site or online service from knowingly using, disclosing, compiling, or allowing a 3rd party to use, disclose, or compile the personal information of a minor for the purpose of marketing or advertising specified types of products or services. Existing law also makes this prohibition applicable to an advertising service that is notified by an operator of an Internet Web site, online service, online application, or mobile application that the site, service, or application is directed to a minor.

This bill would prohibit an operator of an Internet Web site, online service, online application, or mobile application from knowingly engaging in targeted advertising to students or their parents or legal guardians, using covered information to amass a profile about a K–12 student, selling a student’s information, or disclosing covered information, as provided. The bill would require an operator to implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, to protect the information from unauthorized access, destruction, use, modification, or disclosure, and to delete a student’s covered information if the school or district requests deletion of data under the control of the school or district. The bill would authorize the disclosure of covered information of a student under specified circumstances.”

The full text is available at…

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