California Assembly Bill AB165

California 2017-2018 Regular Session

• Introduced: 1/13/17
• Refer: 1/30/17
• Report Pass: 4/17/17
• Refer: 4/18/17
• Failed: 2/1/18

Caption

Privacy: electronic communications: exclusions: local educational agencies.

Impact

The enactment of AB 165 would have significant implications for student privacy and data access within California's education system. It effectively lowers the threshold for how schools and educational authorities can investigate pupil misconduct by facilitating easier access to students' electronic information without needing a warrant for every instance. This change could streamline certain processes for educational institutions but also raises concerns about privacy rights for minors and the potential for misuse of authority.

Summary

Assembly Bill No. 165, introduced by Assembly Member Cooper, aims to amend the Electronic Communications Privacy Act to allow local educational agencies more authority over accessing electronic communication information and electronic device information belonging to pupils in grades K-12. The proposed legislation would enable local educational agencies to access this information when investigating alleged or suspected misconduct by students, removing previous prohibitions for such access unless under specific conditions, such as having a search warrant or in emergency situations.

Sentiment

The sentiment surrounding AB 165 appears to be mixed. Proponents argue that enabling educational agencies to access students' electronic device information is necessary for maintaining discipline and addressing misconduct expediently. Supporters believe this legislation would provide a critical tool for schools in upholding safety and discipline standards. However, critics express concern about the implications for privacy rights and the potential for overreach by educational authorities, which could infringe upon students' rights to privacy and personal autonomy.

Contention

Key points of contention regarding AB 165 stem from the delicate balance between maintaining school discipline and protecting students' privacy rights. Critics argue that the bill could lead to unwarranted surveillance of students and create a chilling effect on students' use of electronic devices for educational purposes. Moreover, there are concerns that this new authority could be misapplied, leading to invasive scrutiny of students for minor infractions, thereby potentially transforming the educational environment into one that is overly monitored.