HF 2900

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2016 03:31pm

A bill for an act
relating to data privacy; protecting student privacy in personal electronic devices
on campus; providing civil penalties; proposing coding for new law in Minnesota
Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.85] PROTECTION OF STUDENT PRIVACY WITH RESPECT
TO PERSONAL ELECTRONIC DEVICES ON CAMPUS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given them.
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new text begin (b) "1-to-1 device" means a technological device provided to a student pursuant to
any program authorized by an educational institution where the technological device is
provided to a student by or through an educational institution for overnight or at-home use.
new text end

new text begin (c) "Educational institution" means:
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new text begin (1) a private or public school, institution, or school district, or any subdivision
thereof, that offers participants, students, or trainees an organized course of study or
training that is academic, trade-oriented, or preparatory for gainful employment, as well as
school employees acting under the authority or on behalf of an educational institution; or
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new text begin (2) a state or local educational agency authorized to direct or control an entity in
clause (1).
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new text begin (d) "Educational record" means an educational record as defined by United States
Code, title 20, section 1232g(a)(4).
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new text begin (e) "Education research" means the systematic gathering of empirical information to
advance knowledge, answer questions, identify trends, or improve outcomes within the
field of education.
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new text begin (f) "Law enforcement official" means an officer or employee of an agency or
authority of the state of Minnesota, or a political subdivision or agent thereof, who is
empowered by law to investigate or conduct an official inquiry into a potential violation of
law, make arrests, or prosecute or otherwise conduct a criminal, civil, or administrative
proceeding arising from an alleged violation of law.
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new text begin (g) "Personal technological device" means a technological device owned, leased, or
otherwise lawfully possessed by a student that is not a 1-to-1 device.
new text end

new text begin (h) "School employee" means an individual who is employed by an educational
institution, who is compensated through an annual salary or hourly wage paid by an
educational institution, and whose services are primarily rendered at a physical location
that is owned or leased by that educational institution. For purposes of this section,
individuals with law enforcement or school security responsibilities, including school
resource officers, school district police officers, contract or private security companies,
security guards, or other law enforcement personnel, are not school employees.
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new text begin (i) "Student" means any student, participant, or trainee, whether full time or part
time, in an organized course of study at an educational institution.
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new text begin (j) "Technological device" means any computer, cellular phone, smartphone, digital
camera, video camera, audio recording device, or other electronic device that can be used
for creating, storing, or transmitting information in the form of electronic data.
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new text begin Subd. 2. new text end

new text begin Student's personal electronic devices on campus. new text end

new text begin (a) No school
employee may access, or compel a student to produce, display, share, or provide access
to data or other content input into, stored upon, or accessible from a student's personal
technological device, even when the personal technological device is being carried or used
in violation of an educational institution policy.
new text end

new text begin (b) Notwithstanding paragraph (a), a school employee may search a student's
personal technological device if:
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new text begin (1) the school employee has a reasonable suspicion that a student has violated or
is violating an educational institution policy and the student's personal technological
device contains evidence of the suspected violation. In such cases, the school employee
may search the student's personal technological device if:
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new text begin (i) the student's personal technological device is located on the property of the
educational institution;
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new text begin (ii) prior to searching a student's personal technological device, the school employee:
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new text begin (A) documents the reasonable individualized suspicion giving rise to the need for
the search; and
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new text begin (B) notifies the student and the student's parent or legal guardian of the suspected
violation and what data will be accessed in searching for evidence of the violation;
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new text begin (iii) the search is strictly limited to finding evidence of the suspected policy
violation; and
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new text begin (iv) the school employee immediately ceases searching the student's personal
technological device upon finding sufficient evidence of the suspected violation; or
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new text begin (2) the school employee believes doing so is necessary in response to an imminent
threat to life or safety. Within 72 hours of accessing a personal technological device in
response to an imminent threat to life or safety, the school employee or law enforcement
official who accessed the device shall provide the student whose device was accessed, the
student's parent or legal guardian, and the educational institution a written description of
the precise threat that prompted the access and what data was accessed.
new text end

new text begin (c) For purposes of a search under paragraph (b), clause (1), an educational
institution, subject to any other relevant legal restrictions, may seize a student's personal
technological device to prevent data deletion pending notification. In the case of a seizure
under this paragraph, the prenotification seizure period must be no greater than 48 hours,
and the personal technological device must be stored securely on educational institution
property and not accessed during the prenotification seizure period.
new text end

new text begin (d) The school employee shall not copy, share, or transfer any data or information
that is unrelated to the specific suspected violation that prompted a search of the student's
personal technological device under paragraph (b), clause (1).
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new text begin (e) Notwithstanding paragraph (b), clause (1), if a student is suspected of illegal
conduct, no search of the student's personal technological device may occur unless a
judicial warrant authorizing a law enforcement official to search the student's personal
electronic device has been secured, even if the student is also suspected of a related or
unrelated violation of an educational institution policy.
new text end

new text begin Subd. 3. new text end

new text begin Limitations on use. new text end

new text begin Evidence or information obtained or collected
in violation of this section shall not be admissible in any civil or criminal trial or legal
proceeding, disciplinary action, or administrative hearing.
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new text begin Subd. 4. new text end

new text begin Penalties. new text end

new text begin (a) A person or entity who violates this section shall be subject
to legal action for damages or equitable relief, to be brought by any other person claiming
that a violation of this section has injured the person or the person's reputation. A person so
injured shall be entitled to actual damages, including mental pain and suffering endured as a
result of a violation of this section, and reasonable attorney fees and other costs of litigation.
new text end

new text begin (b) A school employee who violates this section or any implementing rule or
regulation may be subject to disciplinary proceedings and punishment. For school
employees who are represented under the terms of a collective bargaining agreement, this
section prevails except where it conflicts with the collective bargaining agreement, any
memorandum of agreement or understanding signed pursuant to the collective bargaining
agreement, or any recognized and established practice relative to the members of the
bargaining unit.
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new text begin Subd. 5. new text end

new text begin Severability. new text end

new text begin The provisions in this section are severable. If any part
or provision of this section or the application of this section to any person, entity, or
circumstance is held invalid, the remainder of this section, including the application of the
part or provision to other persons, entities, or circumstances, shall not be affected by the
holding and shall continue to have force and effect.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2017.
new text end