EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0769*
HOUSE BILL 769
F1 2lr1023
HB 1062/21 – W&M CF SB 325
By: Delegates D. Jones and Kaiser
Introduced and read first time: February 3, 2022
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 2, 2022
CHAPTER ______
AN ACT concerning 1
Student Data Privacy – Protections, Digital Tools, and Student Data Privacy 2
Council 3
FOR the purpose of altering certain definitions to provide increased protections for certain 4
student data; requiring each county board of education to provide a list of digital 5
tools to the State Department of Education on or before a certain date each year; 6
requiring the Department to publish information on digital tools provided by each 7
county board on or before a certain date each year; establishing the Student Data 8
Privacy Council; and generally relating to student data privacy in the State. 9
BY repealing and reenacting, with amendments, 10
Article – Education 11
Section 4–131(a) 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2021 Supplement) 14
BY adding to 15
Article – Education 16
Section 4–131(p) 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
2 HOUSE BILL 769
Article – Education 1
4–131. 2
(a) (1) In this section the following words have the meanings indicated. 3
(2) (i) “Covered information” means information or material that[: 4
1. Personally identifies an individual student in this State or 5
that is linked to information or material that personally identifies an individual student in 6
this State; and 7
2. Is gathered by an operator through the operation of a site, 8
a service, or an application], ALONE OR IN COMBINAT ION WITH OTHER INFOR MATION 9
OR MATERIAL, IS LINKED OR COULD B E LINKED TO A STUDEN T IN A MANNER THAT 10
WOULD ALLOW AN EMPLO YEE OR A STUDENT OF THE STUDENT ’S SCHOOL TO 11
IDENTIFY THE STUDENT WIT H REASONABLE CERTAIN TY. 12
(ii) “Covered information” includes a student’s: 13
1. Educational [and disciplinary record] RECORDS AS 14
DEFINED IN § 7–1303 OF THIS ARTICLE ; 15
2. First and last name; 16
3. Home address and geolocation information; 17
4. Telephone number; 18
5. Electronic mail address or other information that allows 19
physical or online contact; 20
6. Test results, grades, and student evaluations; 21
7. Special education [data] INFORMATION ; 22
8. Criminal records; 23
9. Medical records and health records; 24
10. Social Security number; 25
11. Biometric information; 26
12. Socioeconomic information; 27
HOUSE BILL 769 3
13. Food purchases; 1
14. Political and religious affiliations; 2
15. Text messages; 3
16. Student identifiers; 4
17. Search activity; 5
18. Photos; [and] 6
19. Voice recordings; 7
20. DISCIPLINARY INFORMAT ION; 8
21. ONLINE BEHAVIOR OR US AGE OF APPLICATIONS 9
WHEN LINKED OR LINKA BLE TO A SPECIFIC ST UDENT; 10
22. PERSISTENT UNIQUE IDENTIFIERS ; AND 11
23. CONFIDENTIAL INFORMAT ION AS DEFINED BY TH E 12
DEPARTMENT OF INFORMATION TECHNOLOGY . 13
(3) (I) “Operator” means [a person] AN INDIVIDUAL OR AN ENTITY 14
who ENGAGES WITH INSTITU TIONS UNDER THE SCHO OL OFFICIAL EXCEPTIO N OF 15
THE FEDERAL FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT AND is operating in 16
accordance with a contract or an agreement with a public school or local school system in 17
the State to provide an Internet website, an online service, an online application, or a 18
mobile application that: 19
1. PROCESSES COVERED INF ORMATION; AND 20
[(i)] 2. A. Is used [primarily] for a PreK–12 school purpose; 21
OR 22
[(ii)] B. Is issued at the direction of a public school, a teacher, or 23
any other employee of a public school, local school system, or the Department[; and 24
(iii) Was designed and marketed primarily for a PreK–12 school 25
purpose]. 26
(II) “OPERATOR” INCLUDES A DIVISION OF A PARENT ENTITY I F 27
THE DIVISION: 28
4 HOUSE BILL 769
1. SERVES EDUCATION CLIE NTS; AND 1
2. DOES NOT SHARE COVERE D INFORMATION WITH THE 2
PARENT ENTITY . 3
(4) (I) “Persistent unique identifier” means [a unique reference number 4
used as an identifier in computer software that is stored across different usage sessions] 5
AN IDENTIFIER THAT C AN BE USED TO IDENTI FY, RECOGNIZE, TRACK, SINGLE OUT, 6
OR MAKE REFERENCES A BOUT A STUDENT ENROL LED IN PREKINDERGART EN 7
THROUGH GRADE 12, THE PARENT OR GUARDI AN OF THE STUDENT , AND ANY OTHER 8
STUDENT OF WHOM THE PARENT OR GUARDIAN H AS CUSTODY. 9
(II) “PERSISTENT UNIQUE IDE NTIFIER” INCLUDES: 10
1. COOKIE IDENTIFIERS ; 11
2. CUSTOMER NUMBERS ; 12
3. DEVICE IDENTIFIERS ; 13
4. HASHED E–MAIL ADDRESSES ; 14
5. HASHED PHONE NUMBERS ; 15
6. IDENTIFIERS GENERATED THROUGH PROBABILISTI C 16
METHODS; 17
7. MOBILE AD IDENTIFIERS ; 18
8. UNIQUE PSEUDONYMS ; AND 19
9. USER ALIASES. 20
(5) (i) “PreK–12 school purpose” means an activity that: 21
1. Takes place at the direction of a public school, a teacher, 22
an administrator, or a local school system; or 23
2. Aids in the administration of public school activities. 24
(ii) “PreK–12 school purpose” includes: 25
1. Instruction in the classroom; 26
2. Home instruction; 27 HOUSE BILL 769 5
3. Administrative activities; 1
4. Collaboration among students, public school employees, 2
and parents; 3
5. Maintaining, developing, supporting, improving, or 4
diagnosing the operator’s site, service, or application; and 5
6. An activity that is for the use and benefit of the public 6
school. 7
(6) (i) “Targeted advertising” means presenting advertisements to an 8
individual student that are selected based on information obtained or inferred from the 9
student’s [online behavior, usage of applications, or] covered information. 10
(ii) “Targeted advertising” does not include advertisements 11
presented to an individual student at an online location: 12
1. Based on the student’s current visit to the online location 13
[without] IF THERE IS NO collection or retention of the student’s [online activities] 14
COVERED INFORMATION over time; or 15
2. In response to a single search query [without] IF THERE 16
IS NO collection or retention of the student’s [online activities] COVERED INFORMATION 17
over time. 18
(P) (1) ON OR BEFORE JULY 1, 2022, AND EACH JULY 1 THEREAFTER , 19
EACH COUNTY BOARD SH ALL SUBMIT TO THE DEPARTMENT A LIST OF THE 20
FOLLOWING DIGITAL TO OLS WITH RESPECT TO THE IMMEDIATELY PREC EDING 21
SCHOOL YEAR : 22
(I) APPROVED DIGITAL TOOL S; 23
(II) DIGITAL TOOLS KNOWN T O BE USED BY EDUCATORS ; AND 24
(III) DIGITAL TOOLS NOT AUT HORIZED BY THE COUNT Y BOARD. 25
(2) ON OR BEFORE SEPTEMBER 1, 2022, AND EACH SEPTEMBER 1 26
THEREAFTER , THE DEPARTMENT SHALL PUBL ISH AN ONLINE DATABA SE OF THE 27
DIGITAL TOOLS REPORT ED BY EACH COUNTY BO ARD IN ACCORDA NCE WITH 28
PARAGRAPH (1) OF THIS SUBSECTION . 29
SECTION 2. AND BE IT FURTHER ENACTED, That: 30
(a) In this section, “Council” means the Student Data Privacy Council. 31 6 HOUSE BILL 769
(b) There is a Student Data Privacy Council. 1
(c) The Council consists of the following members: 2
(1) one member of the Senate of Maryland, appointed by the President of 3
the Senate; 4
(2) one member of the House of Delegates, appointed by the Speaker of the 5
House; 6
(3) the State Superintendent of Schools, or the Superintendent’s designee; 7
(4) the Secretary of Information Technology, or the Secretary’s designee; 8
(5) the Executive Director of the Public School Superintendents’ 9
Association of Maryland, or the Executive Director’s designee; 10
(6) the Executive Director of the Maryland Association of Boards of 11
Education, or the Executive Director’s designee; 12
(7) the President of the Maryland Association of Boards of Education, or 13
the President’s designee; 14
(8) the President of the Maryland State Education Association, or the 15
President’s designee; 16
(9) the President of the Maryland PTA, or the President’s designee; and 17
(10) the following members appointed by the Chair of the Council: 18
(i) one School Data Privacy Officer, or the Officer’s designee; 19
(ii) one School Information Technology Officer, or the Officer’s 20
designee; 21
(iii) one representative of a company, trade association, or group who 22
has professional experience in the area of student data privacy or online educational 23
technology services; 24
(iv) one member of the academic community who studies K –12 25
student data privacy; 26
(v) one advocate for student data privacy who does not have a 27
professional relationship with a provider of online educational technology services; 28
HOUSE BILL 769 7
(vi) one attorney who is knowledgeable in the laws and regulations 1
that pertain to local school systems; 2
(vii) one school–based administrator from a public school in the State; 3
and 4
(viii) one teacher from a public school in the State. 5
(d) The State Superintendent of Schools or the Superintendent’s designee shall 6
chair the Council and is responsible for the administration of the Council. 7
(e) The State Department of Education shall provide staff for the Council. 8
(f) A member of the Council: 9
(1) may not receive compensation as a member of the Council; but 10
(2) is entitled to reimbursement for expenses under the Standard State 11
Travel Regulations, as provided in the State budget. 12
(g) The Council shall: 13
(1) study the development and implementation of the Student Data 14
Privacy Act of 2015 to evaluate the impact of the Act on: 15
(i) the protection of covered information from unauthorized access, 16
destruction, use, modification, or disclosure; 17
(ii) the implementation and maintenance of reasonable security 18
procedures and practices to protect covered information under the Act; and 19
(iii) the implementation and maintenance of reasonable privacy 20
controls to protect covered information under the Act; 21
(2) review and analyze similar laws and best practices in other states; 22
(3) review and analyze developments in technologies as they may relate to 23
student data privacy; and 24
(4) make recommendations regarding: 25
(i) statutory and regulatory changes to the Student Data Privacy 26
Act based on the findings of the Council; and 27
(ii) repealing the termination date of this Act to allow the Council to 28
continue its evaluation of student data privacy in the State on a permanent basis. 29
8 HOUSE BILL 769
(h) On or before December 1, 2025, the Student Data Privacy Council shall report 1
to the Governor and, in accordance with § 2–1257 of the State Government Article, the 2
General Assembly on: 3
(1) the implementation of § 4–131(p) of the Education Article, as enacted 4
by Section 1 of this Act; and 5
(2) best practices for student data privacy protection for parents and 6
guardians of students in the State, including: 7
(i) (1) the actions that should occur if an operator engages in an 8
activity prohibited under § 4–131 of the Education Article; 9
(ii) (2) the type of investigation that should be done if an operator 10
is suspected of engaging in an activity prohibited under § 4–131 of the Education Article; 11
(iii) (3) the best remedies available to students and parents in 12
case of an operator engaging in an activity prohibited under § 4–131 of the Education 13
Article; and 14
(iv) (4) any statutory or regulatory changes necessary to best 15
effectuate items (i) through (iii) (1) through (3) of this item. 16
SECTION 3. AND BE IT FURTHER EN ACTED, That this Act shall take effect June 17
1, 2022. Section 2 of this Act shall remain effective for a period of 6 years and 4 months 18
and, at the end of September 30, 2028, Section 2 of this Act, with no further action required 19
by the General Assembly, shall be abrogated and of no further force and effect. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.