HF 1077

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2013 01:44pm

A bill for an act
relating to education; postsecondary; establishing the Education Internet Privacy
Protection Act; providing penalties; proposing coding for new law as Minnesota
Statutes, chapter 135B.

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

Section 1.

new text begin [135B.01] EDUCATION INTERNET PRIVACY PROTECTION ACT.
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new text begin Subdivision 1. new text end

new text begin Title. new text end

new text begin This section may be cited as the "Education Internet Privacy
Protection Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
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new text begin (b) "Access information" means user name, password, login information, or other
security information that protects access to a personal Internet account.
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new text begin (c) "Educational institution" includes the following:
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new text begin (1) a public or private school enrolling students in any or all of kindergarten through
grade 12;
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new text begin (2) a charter school under section 124D.10;
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new text begin (3) any school district or local school board;
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new text begin (4) the University of Minnesota;
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new text begin (5) state universities;
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new text begin (6) state community colleges;
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new text begin (7) public technical colleges;
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new text begin (8) private four-year, professional, and graduate institutions;
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new text begin (9) private two-year colleges; and
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new text begin (10) schools subject to chapter 141.
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new text begin Subd. 3. new text end

new text begin Prohibited acts. new text end

new text begin An educational institution shall not do any of the
following:
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new text begin (1) request a student or prospective student to grant access to, allow observation
of, or disclose information that allows access to or observation of the student's or the
prospective student's personal Internet account; or
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new text begin (2) expel, discipline, fail to admit, or otherwise penalize a student or prospective
student for failure to grant access to, allow observation of, or disclose information that
allows access to or observation of the student's or prospective student's personal Internet
account.
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new text begin Subd. 4. new text end

new text begin Exceptions. new text end

new text begin (a) This section does not prohibit an educational institution
from requesting or requiring a student to disclose access information to the educational
institution to gain access to or operate any of the following:
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new text begin (1) an electronic communications device paid for in whole or in part by the
educational institution; or
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new text begin (2) an account or service provided by the educational institution that is either
obtained by virtue of the student's admission to the educational institution or used by the
student for educational purposes.
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new text begin (b) This section does not prohibit or restrict an educational institution from viewing,
accessing, or utilizing information about a student or applicant that can be obtained
without any required access information or that is available in the public domain.
new text end

new text begin Subd. 5. new text end

new text begin No duty created. new text end

new text begin (a) This section does not create a duty for an educational
institution to search or monitor the activity of a personal Internet account.
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new text begin (b) An educational institution is not liable under this section for failure to request or
require that a student or a prospective student grant access to, allow observation of, or
disclose information that allows access to or observation of the student's or prospective
student's personal Internet account.
new text end

new text begin Subd. 6. new text end

new text begin Penalties. new text end

new text begin (a) A person who violates subdivision 3 is guilty of a
misdemeanor punishable by a fine of not more than $1,000.
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new text begin (b) An individual who is the subject of a violation of this section may bring a civil
action to enjoin a violation of subdivision 3 and may recover not more than $1,000 in
damages plus reasonable attorney fees and court costs. Not later than 60 days before
filing a civil action for damages or 60 days before adding a claim for damages to an
action seeking injunctive relief, the individual shall make a written demand of the
alleged violator for not more than $1,000. The written demand shall include reasonable
documentation of the violation. The written demand and documentation shall either be
served in the manner provided by law for service of process in civil actions or mailed by
certified mail with sufficient postage affixed and addressed to the alleged violator at his
or her residence, principal office, or place of business. An action under this subdivision
may be brought in the district court for the county where the alleged violation occurred
or for the county where the person against whom the civil complaint is filed resides or
has his or her principal place of business.
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new text begin (c) It is an affirmative defense to an action under this section that the educational
institution acted to comply with requirements of a federal law or a law of this state.
new text end