Illinois General Assembly - Full Text of SB1578
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Full Text of SB1578  102nd General Assembly

SB1578 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1578

 

Introduced 2/26/2021, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 85/10
105 ILCS 85/15
105 ILCS 85/26
105 ILCS 85/28
105 ILCS 85/33

    Amends the Student Online Personal Protection Act. Provides than an operator shall not knowingly sell, rent, lease, or trade a student's information (rather than knowingly sell or rent a student's information). Regarding an operator's request to receive covered information from a school, a school district, or the State Board of Education, provides that the written agreement related thereto must require the operator to provide a parent with a means to view and to request edits to the covered information to be maintained by the operator. If a breach occurs and is attributed to the operator, provides that any investigation and remediation costs and expenses incurred by the school as a result of the breach shall be borne by the operator (rather than the costs and expenses shall be allocated between the operator and the school). Removes local school council members as individuals who are authorized to share, transfer, disclose, or provide access to a student's covered information without a written agreement. Requires the State Board of Education to develop and make available model student data privacy policies and procedures as soon as practical after July 1, 2021. Makes changes concerning parent and student rights. Effective immediately.


LRB102 14184 CMG 19536 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1578LRB102 14184 CMG 19536 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Student Online Personal Protection Act is
5amended by changing Sections 10, 15, 26, 28, and 33 as follows:
 
6    (105 ILCS 85/10)
7    (Text of Section before amendment by P.A. 101-516)
8    Sec. 10. Operator prohibitions. An operator shall not
9knowingly do any of the following:
10        (1) Engage in targeted advertising on the operator's
11    site, service, or application or target advertising on any
12    other site, service, or application if the targeting of
13    the advertising is based on any information, including
14    covered information and persistent unique identifiers,
15    that the operator has acquired because of the use of that
16    operator's site, service, or application for K through 12
17    school purposes.
18        (2) Use information, including persistent unique
19    identifiers, created or gathered by the operator's site,
20    service, or application to amass a profile about a
21    student, except in furtherance of K through 12 school
22    purposes. "Amass a profile" does not include the
23    collection and retention of account information that

 

 

SB1578- 2 -LRB102 14184 CMG 19536 b

1    remains under the control of the student, the student's
2    parent or legal guardian, or the school.
3        (3) Sell or rent a student's information, including
4    covered information. This subdivision (3) does not apply
5    to the purchase, merger, or other type of acquisition of
6    an operator by another entity if the operator or successor
7    entity complies with this Act regarding previously
8    acquired student information.
9        (4) Except as otherwise provided in Section 20 of this
10    Act, disclose covered information, unless the disclosure
11    is made for the following purposes:
12            (A) In furtherance of the K through 12 school
13        purposes of the site, service, or application if the
14        recipient of the covered information disclosed under
15        this clause (A) does not further disclose the
16        information, unless done to allow or improve
17        operability and functionality of the operator's site,
18        service, or application.
19            (B) To ensure legal and regulatory compliance or
20        take precautions against liability.
21            (C) To respond to the judicial process.
22            (D) To protect the safety or integrity of users of
23        the site or others or the security of the site,
24        service, or application.
25            (E) For a school, educational, or employment
26        purpose requested by the student or the student's

 

 

SB1578- 3 -LRB102 14184 CMG 19536 b

1        parent or legal guardian, provided that the
2        information is not used or further disclosed for any
3        other purpose.
4            (F) To a third party if the operator contractually
5        prohibits the third party from using any covered
6        information for any purpose other than providing the
7        contracted service to or on behalf of the operator,
8        prohibits the third party from disclosing any covered
9        information provided by the operator with subsequent
10        third parties, and requires the third party to
11        implement and maintain reasonable security procedures
12        and practices.
13    Nothing in this Section prohibits the operator's use of
14information for maintaining, developing, supporting,
15improving, or diagnosing the operator's site, service, or
16application.
17(Source: P.A. 100-315, eff. 8-24-17.)
 
18    (Text of Section after amendment by P.A. 101-516)
19    Sec. 10. Operator prohibitions. An operator shall not
20knowingly do any of the following:
21        (1) Engage in targeted advertising on the operator's
22    site, service, or application or target advertising on any
23    other site, service, or application if the targeting of
24    the advertising is based on any information, including
25    covered information and persistent unique identifiers,

 

 

SB1578- 4 -LRB102 14184 CMG 19536 b

1    that the operator has acquired because of the use of that
2    operator's site, service, or application for K through 12
3    school purposes.
4        (2) Use information, including persistent unique
5    identifiers, created or gathered by the operator's site,
6    service, or application to amass a profile about a
7    student, except in furtherance of K through 12 school
8    purposes. "Amass a profile" does not include the
9    collection and retention of account information that
10    remains under the control of the student, the student's
11    parent, or the school.
12        (3) Sell, or rent, lease, or trade a student's
13    information, including covered information. This
14    subdivision (3) does not apply to the purchase, merger, or
15    other type of acquisition of an operator by another entity
16    if the operator or successor entity complies with this Act
17    regarding previously acquired student information.
18        (4) Except as otherwise provided in Section 20 of this
19    Act, disclose covered information, unless the disclosure
20    is made for the following purposes:
21            (A) In furtherance of the K through 12 school
22        purposes of the site, service, or application if the
23        recipient of the covered information disclosed under
24        this clause (A) does not further disclose the
25        information, unless done to allow or improve
26        operability and functionality of the operator's site,

 

 

SB1578- 5 -LRB102 14184 CMG 19536 b

1        service, or application.
2            (B) To ensure legal and regulatory compliance or
3        take precautions against liability.
4            (C) To respond to the judicial process.
5            (D) To protect the safety or integrity of users of
6        the site or others or the security of the site,
7        service, or application.
8            (E) For a school, educational, or employment
9        purpose requested by the student or the student's
10        parent, provided that the information is not used or
11        further disclosed for any other purpose.
12            (F) To a third party if the operator contractually
13        prohibits the third party from using any covered
14        information for any purpose other than providing the
15        contracted service to or on behalf of the operator,
16        prohibits the third party from disclosing any covered
17        information provided by the operator with subsequent
18        third parties, and requires the third party to
19        implement and maintain security procedures and
20        practices as required under Section 15.
21    Nothing in this Section prohibits the operator's use of
22information for maintaining, developing, supporting,
23improving, or diagnosing the operator's site, service, or
24application.
25(Source: P.A. 100-315, eff. 8-24-17; 101-516, eff. 7-1-21.)
 

 

 

SB1578- 6 -LRB102 14184 CMG 19536 b

1    (105 ILCS 85/15)
2    (Text of Section before amendment by P.A. 101-516)
3    Sec. 15. Operator duties. An operator shall do the
4following:
5        (1) Implement and maintain reasonable security
6    procedures and practices appropriate to the nature of the
7    covered information and designed to protect that covered
8    information from unauthorized access, destruction, use,
9    modification, or disclosure.
10        (2) Delete, within a reasonable time period, a
11    student's covered information if the school or school
12    district requests deletion of covered information under
13    the control of the school or school district, unless a
14    student or his or her parent or legal guardian consents to
15    the maintenance of the covered information.
16        (3) Publicly disclose material information about its
17    collection, use, and disclosure of covered information,
18    including, but not limited to, publishing a terms of
19    service agreement, privacy policy, or similar document.
20(Source: P.A. 100-315, eff. 8-24-17.)
 
21    (Text of Section after amendment by P.A. 101-516)
22    Sec. 15. Operator duties. An operator shall do the
23following:
24        (1) Implement and maintain reasonable security
25    procedures and practices that otherwise meet or exceed

 

 

SB1578- 7 -LRB102 14184 CMG 19536 b

1    industry standards designed to protect covered information
2    from unauthorized access, destruction, use, modification,
3    or disclosure.
4        (2) Delete, within a reasonable time period, a
5    student's covered information if the school or school
6    district requests deletion of covered information under
7    the control of the school or school district, unless a
8    student or his or her parent consents to the maintenance
9    of the covered information.
10        (3) Publicly disclose material information about its
11    collection, use, and disclosure of covered information,
12    including, but not limited to, publishing a terms of
13    service agreement, privacy policy, or similar document.
14        (4) Except for a nonpublic school, for any operator
15    who seeks to receive from a school, school district, or
16    the State Board in any manner any covered information,
17    enter into a written agreement with the school, school
18    district, or State Board before the covered information
19    may be transferred. The written agreement may be created
20    in electronic form and signed with an electronic or
21    digital signature or may be a click wrap agreement that is
22    used with software licenses, downloaded or online
23    applications and transactions for educational
24    technologies, or other technologies in which a user must
25    agree to terms and conditions before using the product or
26    service. Any written agreement entered into, amended, or

 

 

SB1578- 8 -LRB102 14184 CMG 19536 b

1    renewed must contain all of the following:
2            (A) A listing of the categories or types of
3        covered information to be provided to the operator.
4            (A-5) A requirement that the operator provide to a
5        parent a means through the parent's dashboard to view
6        and to request edits to the covered information to be
7        maintained by the operator.
8            (B) A statement of the product or service being
9        provided to the school by the operator.
10            (C) A statement that, pursuant to the federal
11        Family Educational Rights and Privacy Act of 1974, the
12        operator is acting as a school official with a
13        legitimate educational interest, is performing an
14        institutional service or function for which the school
15        would otherwise use employees, under the direct
16        control of the school, with respect to the use and
17        maintenance of covered information, and is using the
18        covered information only for an authorized purpose and
19        may not re-disclose it to third parties or affiliates,
20        unless otherwise permitted under this Act, without
21        permission from the school or pursuant to court order.
22            (D) A description of how, if a breach is
23        attributed to the operator, any costs and expenses
24        incurred by the school in investigating and
25        remediating the breach will be borne by allocated
26        between the operator and the school. The costs and

 

 

SB1578- 9 -LRB102 14184 CMG 19536 b

1        expenses may include, but are not limited to:
2                (i) providing notification to the parents of
3            those students whose covered information was
4            compromised and to regulatory agencies or other
5            entities as required by law or contract;
6                (ii) providing credit monitoring to those
7            students whose covered information was exposed in
8            a manner during the breach that a reasonable
9            person would believe that it could impact his or
10            her credit or financial security;
11                (iii) legal fees, audit costs, fines, and any
12            other fees or damages imposed against the school
13            as a result of the security breach; and
14                (iv) providing any other notifications or
15            fulfilling any other requirements adopted by the
16            State Board or of any other State or federal laws.
17            (E) A statement that the operator must delete or
18        transfer to the school all covered information if the
19        information is no longer needed for the purposes of
20        the written agreement and to specify the time period
21        in which the information must be deleted or
22        transferred once the operator is made aware that the
23        information is no longer needed for the purposes of
24        the written agreement.
25            (F) If the school maintains a website, a statement
26        that the school must publish the written agreement on

 

 

SB1578- 10 -LRB102 14184 CMG 19536 b

1        the school's website. If the school does not maintain
2        a website, a statement that the school must make the
3        written agreement available for inspection by the
4        general public at its administrative office. If
5        mutually agreed upon by the school and the operator,
6        provisions of the written agreement, other than those
7        under subparagraphs (A), (B), and (C), may be redacted
8        in the copy of the written agreement published on the
9        school's website or made available at its
10        administrative office.
11        (5) In case of any breach, within the most expedient
12    time possible and without unreasonable delay, but no later
13    than 30 calendar days after the determination that a
14    breach has occurred, notify the school of any breach of
15    the students' covered information.
16        (6) Except for a nonpublic school, provide to the
17    school a list of any third parties or affiliates to whom
18    the operator is currently disclosing covered information
19    or has disclosed covered information. This list must, at a
20    minimum, be updated and provided to the school by the
21    beginning of each State fiscal year and at the beginning
22    of each calendar year.
23(Source: P.A. 100-315, eff. 8-24-17; 101-516, eff. 7-1-21.)
 
24    (105 ILCS 85/26)
25    (This Section may contain text from a Public Act with a

 

 

SB1578- 11 -LRB102 14184 CMG 19536 b

1delayed effective date)
2    Sec. 26. School prohibitions. A school may not do either
3of the following:
4        (1) Sell, rent, lease, or trade covered information.
5        (2) Share, transfer, disclose, or provide access to a
6    student's covered information to an entity or individual,
7    other than the student's parent, school personnel,
8    appointed or elected school board members or local school
9    council members, or the State Board, without a written
10    agreement, unless the disclosure or transfer is:
11            (A) to the extent permitted by State or federal
12        law, to law enforcement officials to protect the
13        safety of users or others or the security or integrity
14        of the operator's service;
15            (B) required by court order or State or federal
16        law; or
17            (C) to ensure legal or regulatory compliance.
18        This paragraph (2) does not apply to nonpublic
19    schools.
20(Source: P.A. 101-516, eff. 7-1-21.)
 
21    (105 ILCS 85/28)
22    (This Section may contain text from a Public Act with a
23delayed effective date)
24    Sec. 28. State Board duties.
25    (a) The State Board may not sell, rent, lease, or trade

 

 

SB1578- 12 -LRB102 14184 CMG 19536 b

1covered information.
2    (b) Except for an employee of the State Board or a State
3Board official acting within his or her official capacity, the
4State Board may not share, transfer, disclose, or provide
5covered information to an entity or individual without a
6contract or written agreement, except for disclosures required
7by State or federal law.
8    (c) At least once annually, the State Board must publish
9and maintain on its website a list of all of the entities or
10individuals, including, but not limited to, operators,
11individual researchers, research organizations, institutions
12of higher education, or government agencies, that the State
13Board contracts with or has written agreements with and that
14hold covered information and a copy of each contract or
15written agreement. The list must include all of the following
16information:
17        (1) The name of the entity or individual. In naming an
18    individual, the list must include the entity that sponsors
19    the individual or with which the individual is affiliated,
20    if any. If the individual is conducting research at an
21    institution of higher education, the list may include the
22    name of that institution and a contact person in the
23    department that is associated with the research in lieu of
24    the name of the researcher. If the entity is an operator,
25    the list must include its business address.
26        (2) The purpose and scope of the contract or

 

 

SB1578- 13 -LRB102 14184 CMG 19536 b

1    agreement.
2        (3) The duration of the contract or agreement.
3        (4) The types of covered information that the entity
4    or individual holds under the contract or agreement.
5        (5) The use of the covered information under the
6    contract or agreement.
7        (6) The length of time for which the entity or
8    individual may hold the covered information.
9        (7) A list of any subcontractors to whom covered
10    information may be disclosed under Section 15 or a link to
11    a page on the operator's website that clearly lists that
12    information.
13    If mutually agreed upon by the State Board and the
14operator, provisions of a contract or written agreement, other
15than those pertaining to paragraphs (1) through (7), may be
16redacted on the State Board's website.
17    (d) The State Board shall create, publish, and make
18publicly available an inventory, along with a dictionary or
19index of data elements and their definitions, of covered
20information collected or maintained by the State Board,
21including, but not limited to, both of the following:
22        (1) Covered information that schools are required to
23    report to the State Board by State or federal law.
24        (2) Covered information in the State longitudinal data
25    system or any data warehouse used by the State Board to
26    populate the longitudinal data system.

 

 

SB1578- 14 -LRB102 14184 CMG 19536 b

1    The inventory shall make clear for what purposes the State
2Board uses the covered information.
3    (e) As soon as practical after July 1, 2021 (the effective
4date of Public Act 101-516), the The State Board shall
5develop, publish, and make publicly available, for the benefit
6of schools, model student data privacy policies and procedures
7that comply with relevant State and federal law, including,
8but not limited to, a model notice that schools must use to
9provide notice to parents and students about operators. The
10notice must state, in general terms, the types of student data
11that are collected by the schools and shared with operators
12under this Act and the purposes of collecting and using the
13student data. After creation of the notice under this
14subsection, a school shall, at the beginning of each school
15year, provide the notice to parents by the same means
16generally used to send notices to them. This subsection does
17not apply to nonpublic schools.
18(Source: P.A. 101-516, eff. 7-1-21.)
 
19    (105 ILCS 85/33)
20    (This Section may contain text from a Public Act with a
21delayed effective date)
22    Sec. 33. Parent and student rights.
23    (a) A student's covered information shall be collected
24only for K through 12 school purposes and not further
25processed in a manner that is incompatible with those

 

 

SB1578- 15 -LRB102 14184 CMG 19536 b

1purposes.
2    (b) A student's covered information shall only be
3adequate, relevant, and limited to what is necessary in
4relation to the K through 12 school purposes for which it is
5processed.
6    (c) Except for a parent of a student enrolled in a
7nonpublic school, the parent of a student enrolled in a school
8has the right to all of the following:
9        (1) Inspect and review the student's covered
10    information, regardless of whether it is maintained by the
11    school, the State Board, or an operator.
12        (1.5) Request from the operator the ability to edit
13    the student's covered information.
14        (2) Request from a school a paper or electronic copy
15    of the student's covered information, including covered
16    information maintained by an operator or the State Board.
17    If a parent requests an electronic copy of the student's
18    covered information under this paragraph, the school must
19    provide an electronic copy of that information, unless the
20    school does not maintain the information in an electronic
21    format and reproducing the information in an electronic
22    format would be unduly burdensome to the school. If a
23    parent requests a paper copy of the student's covered
24    information, the school may charge the parent the
25    reasonable cost for copying the information in an amount
26    not to exceed the amount fixed in a schedule adopted by the

 

 

SB1578- 16 -LRB102 14184 CMG 19536 b

1    State Board, except that no parent may be denied a copy of
2    the information due to the parent's inability to bear the
3    cost of the copying. The State Board must adopt rules on
4    the methodology and frequency of requests under this
5    paragraph.
6        (2.5) Request from the State Board a paper or
7    electronic copy of the student's covered information,
8    including covered information maintained by an operator of
9    the State Board or by the State Board.
10        (3) Request corrections of factual inaccuracies
11    contained in the student's covered information. After
12    receiving a request for corrections and determining that a
13    factual inaccuracy exists, a school or the State Board
14    must do either of the following:
15            (A) If the school or the State Board maintains or
16        possesses the covered information that contains the
17        factual inaccuracy, correct the factual inaccuracy and
18        confirm the correction with the parent within 90
19        calendar days after receiving the parent's request.
20            (B) If the operator or State Board maintains or
21        possesses the covered information that contains the
22        factual inaccuracy, notify the operator or the State
23        Board of the correction. The operator or the State
24        Board must correct the factual inaccuracy and confirm
25        the correction with the school or the State Board
26        within 90 calendar days after receiving the notice.

 

 

SB1578- 17 -LRB102 14184 CMG 19536 b

1        Within 10 business days after receiving confirmation
2        of the correction from the operator or State Board,
3        the school or the State Board must confirm the
4        correction with the parent.
5    (d) Nothing in this Section shall be construed to limit
6the rights granted to parents and students under the Illinois
7School Student Records Act or the federal Family Educational
8Rights and Privacy Act of 1974.
9(Source: P.A. 101-516, eff. 7-1-21.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.