California Assembly Bill AB801

California 2023-2024 Regular Session

• Introduced: 2/13/23
• Refer: 2/23/23
• Report Pass: 3/22/23
• Refer: 3/27/23
• Report Pass: 1/11/24
• Engrossed: 1/18/24
• Refer: 5/1/24
• Refer: 1/18/24
• Report Pass: 6/5/24
• Report Pass: 6/12/24
• Refer: 6/5/24
• Enrolled: 8/29/24
• Chaptered: 9/29/24
• Passed: 9/29/24

Caption

Student privacy: online personal information.

Impact

The passage of AB 801 marks a significant shift in how student data privacy is managed in California, aligning with existing protections under the California Consumer Privacy Act (CCPA) while expanding upon them specifically for K12 environments. It aims to mitigate risks associated with personal data breaches and misuse, thereby enhancing the trust of families and educators in online educational platforms. Operators of these services must implement reasonable security procedures and practices and may no longer engage in targeted advertising based on students' personal information.

Summary

Assembly Bill 801, introduced by Joe Patterson, addresses the privacy of students' online personal information in California. The bill amends several sections of the Business and Professions Code to strengthen protections around students' data, particularly in the context of educational technologies and services. Specifically, it establishes clearer requirements for operators of online services that collect personal information from K12 pupils, emphasizing the importance of safeguarding such data from misuse and unauthorized access. Additionally, it mandates that operators delete students' personal information when requested under certain conditions, thereby empowering students and their guardians regarding data control.

Sentiment

The sentiment surrounding AB 801 appears largely positive, particularly among advocates for student rights and privacy, who view the bill as a necessary measure to enhance the protection of sensitive information. Educators and parents have expressed support for increased transparency and control over children's data. However, there may be some apprehension from educational technology providers regarding the strict compliance requirements and the potential impact on their business models regarding data use and advertising practices.

Contention

Despite the overall support for AB 801, there are notable points of contention regarding its practical implications and enforcement. Critics have raised concerns about the balance between data protection and the capacity of educational technology providers to deliver effective services. There is also debate around the exclusion of records held by national assessment providers from the deletion requirements, which some argue undermines the bill's broader intent of complete data accountability for students. Such exemptions could be seen as a loophole that still allows some companies to retain sensitive information indefinitely.