HF 2118

as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 02:39pm

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) "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 (c) "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 (d) "One-to-one 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.
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new text begin (e) "Personal technological device" means a technological device owned, leased, or
otherwise lawfully possessed by a student that is not a one-to-one device.
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new text begin (f) "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 (g) "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 (h) "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.
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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.
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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
has been secured authorizing a law enforcement official to search the student's personal
electronic device, even if the student is also suspected of a related or unrelated violation of
an educational institution policy.
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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.
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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, 2018.
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