MD
Maryland House Bill HB769

Maryland 2022 Regular Session

Maryland House Bill HB769 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 164
21
3-– 1 –
4-Chapter 164
5-(House Bill 769)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0769*
89
9-Student Data Privacy – Protections, Digital Tools, and Student Data Privacy
10-Council
10+HOUSE BILL 769
11+F1 2lr1023
12+HB 1062/21 – W&M CF SB 325
13+By: Delegates D. Jones and Kaiser
14+Introduced and read first time: February 3, 2022
15+Assigned to: Ways and Means
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 2, 2022
1119
12-FOR the purpose of altering certain definitions to provide increased protections for certain
13-student data; requiring each county board of education to provide a list of digital
14-tools to the State Department of Education on or before a certain date each year;
15-requiring the Department to publish information on digital tools provided by each
16-county board on or before a certain date each year; establishing the Student Data
17-Privacy Council; and generally relating to student data privacy in the State.
20+CHAPTER ______
1821
19-BY repealing and reenacting, with amendments,
20- Article – Education
21-Section 4–131(a)
22- Annotated Code of Maryland
23- (2018 Replacement Volume and 2021 Supplement)
22+AN ACT concerning 1
2423
25-BY adding to
26- Article – Education
27-Section 4–131(p)
28- Annotated Code of Maryland
29- (2018 Replacement Volume and 2021 Supplement)
24+Student Data Privacy – Protections, Digital Tools, and Student Data Privacy 2
25+Council 3
3026
31- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
32-That the Laws of Maryland read as follows:
27+FOR the purpose of altering certain definitions to provide increased protections for certain 4
28+student data; requiring each county board of education to provide a list of digital 5
29+tools to the State Department of Education on or before a certain date each year; 6
30+requiring the Department to publish information on digital tools provided by each 7
31+county board on or before a certain date each year; establishing the Student Data 8
32+Privacy Council; and generally relating to student data privacy in the State. 9
3333
34-Article – Education
34+BY repealing and reenacting, with amendments, 10
35+ Article – Education 11
36+Section 4–131(a) 12
37+ Annotated Code of Maryland 13
38+ (2018 Replacement Volume and 2021 Supplement) 14
3539
36-4–131.
40+BY adding to 15
41+ Article – Education 16
42+Section 4–131(p) 17
43+ Annotated Code of Maryland 18
44+ (2018 Replacement Volume and 2021 Supplement) 19
3745
38- (a) (1) In this section the following words have the meanings indicated.
46+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
47+That the Laws of Maryland read as follows: 21
48+ 2 HOUSE BILL 769
3949
40- (2) (i) “Covered information” means information or material that[:
4150
42- 1. Personally identifies an individual student in this State or
43-that is linked to information or material that personally identifies an individual student in
44-this State; and
51+Article – Education 1
4552
46- 2. Is gathered by an operator through the operation of a site,
47-a service, or an application], ALONE OR IN COMBINAT ION WITH OTHER INFOR MATION
48-OR MATERIAL, IS LINKED OR COULD B E LINKED TO A STUDEN T IN A MANNER THAT Ch. 164 2022 LAWS OF MARYLAND
53+4–131. 2
4954
50-– 2 –
51-WOULD ALLOW AN EMPLO YEE OR A STUDENT OF THE STUDENT ’S SCHOOL TO
52-IDENTIFY THE STUDENT WIT H REASONABLE CERTAIN TY.
55+ (a) (1) In this section the following words have the meanings indicated. 3
5356
54- (ii) “Covered information” includes a student’s:
57+ (2) (i) “Covered information” means information or material that[: 4
5558
56- 1. Educational [and disciplinary record] RECORDS AS
57-DEFINED IN § 7–1303 OF THIS ARTICLE ;
59+ 1. Personally identifies an individual student in this State or 5
60+that is linked to information or material that personally identifies an individual student in 6
61+this State; and 7
5862
59- 2. First and last name;
63+ 2. Is gathered by an operator through the operation of a site, 8
64+a service, or an application], ALONE OR IN COMBINAT ION WITH OTHER INFOR MATION 9
65+OR MATERIAL, IS LINKED OR COULD B E LINKED TO A STUDEN T IN A MANNER THAT 10
66+WOULD ALLOW AN EMPLO YEE OR A STUDENT OF THE STUDENT ’S SCHOOL TO 11
67+IDENTIFY THE STUDENT WIT H REASONABLE CERTAIN TY. 12
6068
61- 3. Home address and geolocation information;
69+ (ii) “Covered information” includes a student’s: 13
6270
63- 4. Telephone number;
71+ 1. Educational [and disciplinary record] RECORDS AS 14
72+DEFINED IN § 7–1303 OF THIS ARTICLE ; 15
6473
65- 5. Electronic mail address or other information that allows
66-physical or online contact;
74+ 2. First and last name; 16
6775
68- 6. Test results, grades, and student evaluations;
76+ 3. Home address and geolocation information; 17
6977
70- 7. Special education [data] INFORMATION ;
78+ 4. Telephone number; 18
7179
72- 8. Criminal records;
80+ 5. Electronic mail address or other information that allows 19
81+physical or online contact; 20
7382
74- 9. Medical records and health records;
83+ 6. Test results, grades, and student evaluations; 21
7584
76- 10. Social Security number;
85+ 7. Special education [data] INFORMATION ; 22
7786
78- 11. Biometric information;
87+ 8. Criminal records; 23
7988
80- 12. Socioeconomic information;
89+ 9. Medical records and health records; 24
8190
82- 13. Food purchases;
91+ 10. Social Security number; 25
8392
84- 14. Political and religious affiliations;
93+ 11. Biometric information; 26
8594
86- 15. Text messages;
95+ 12. Socioeconomic information; 27
96+ HOUSE BILL 769 3
8797
88- 16. Student identifiers;
8998
90- 17. Search activity;
99+ 13. Food purchases; 1
91100
92- 18. Photos; [and]
101+ 14. Political and religious affiliations; 2
93102
94- 19. Voice recordings;
95- LAWRENCE J. HOGAN, JR., Governor Ch. 164
103+ 15. Text messages; 3
96104
97-– 3 –
98- 20. DISCIPLINARY INFORMAT ION;
105+ 16. Student identifiers; 4
99106
100- 21. ONLINE BEHAVIOR OR US AGE OF APPLICATIONS
101-WHEN LINKED OR LINKA BLE TO A SPECIFIC ST UDENT;
107+ 17. Search activity; 5
102108
103- 22. PERSISTENT UN IQUE IDENTIFIERS ; AND
109+ 18. Photos; [and] 6
104110
105- 23. CONFIDENTIAL INFORMAT ION AS DEFINED BY TH E
106-DEPARTMENT OF INFORMATION TECHNOLOGY .
111+ 19. Voice recordings; 7
107112
108- (3) (I) “Operator” means [a person] AN INDIVIDUAL OR AN ENTITY
109-who ENGAGES WITH INSTITU TIONS UNDER THE SCHO OL OFFICIAL EXCEPTIO N OF
110-THE FEDERAL FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT AND is operating in
111-accordance with a contract or an agreement with a public school or local school system in
112-the State to provide an Internet website, an online service, an online application, or a
113-mobile application that:
113+ 20. DISCIPLINARY INFORMAT ION; 8
114114
115- 1. PROCESSES COVERED INF ORMATION; AND
115+ 21. ONLINE BEHAVIOR OR US AGE OF APPLICATIONS 9
116+WHEN LINKED OR LINKA BLE TO A SPECIFIC ST UDENT; 10
116117
117- [(i)] 2. A. Is used [primarily] for a PreK–12 school purpose;
118-OR
118+ 22. PERSISTENT UNIQUE IDENTIFIERS ; AND 11
119119
120- [(ii)] B. Is issued at the direction of a public school, a teacher, or
121-any other employee of a public school, local school system, or the Department[; and
120+ 23. CONFIDENTIAL INFORMAT ION AS DEFINED BY TH E 12
121+DEPARTMENT OF INFORMATION TECHNOLOGY . 13
122122
123- (iii) Was designed and marketed primarily for a PreK–12 school
124-purpose].
123+ (3) (I) “Operator” means [a person] AN INDIVIDUAL OR AN ENTITY 14
124+who ENGAGES WITH INSTITU TIONS UNDER THE SCHO OL OFFICIAL EXCEPTIO N OF 15
125+THE FEDERAL FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT AND is operating in 16
126+accordance with a contract or an agreement with a public school or local school system in 17
127+the State to provide an Internet website, an online service, an online application, or a 18
128+mobile application that: 19
125129
126- (II) “OPERATOR” INCLUDES A DIVISION OF A PARENT ENTITY I F
127-THE DIVISION:
130+ 1. PROCESSES COVERED INF ORMATION; AND 20
128131
129- 1. SERVES EDUCATION CLIE NTS; AND
132+ [(i)] 2. A. Is used [primarily] for a PreK–12 school purpose; 21
133+OR 22
130134
131- 2. DOES NOT SHARE COVERE D INFORMATION WITH THE
132-PARENT ENTITY .
135+ [(ii)] B. Is issued at the direction of a public school, a teacher, or 23
136+any other employee of a public school, local school system, or the Department[; and 24
133137
134- (4) (I) “Persistent unique identifier” means [a unique reference number
135-used as an identifier in computer software that is stored across different usage sessions]
136-AN IDENTIFIER THAT C AN BE USED TO IDENTI FY, RECOGNIZE, TRACK, SINGLE OUT,
137-OR MAKE REFERENCES A BOUT A STUDENT ENROL LED IN PREKINDERGART EN
138-THROUGH GRADE 12, THE PARENT OR GUARDI AN OF THE STUDENT , AND ANY OTHER
139-STUDENT OF WHOM THE PARENT OR GUARDIAN H AS CUSTODY.
138+ (iii) Was designed and marketed primarily for a PreK–12 school 25
139+purpose]. 26
140140
141- (II) “PERSISTENT UNIQUE IDE NTIFIER” INCLUDES: Ch. 164 2022 LAWS OF MARYLAND
141+ (II) “OPERATOR” INCLUDES A DIVISION OF A PARENT ENTITY I F 27
142+THE DIVISION: 28
143+ 4 HOUSE BILL 769
142144
143-– 4 –
144145
145- 1. COOKIE IDENTIFIERS ;
146+ 1. SERVES EDUCATION CLIE NTS; AND 1
146147
147- 2. CUSTOMER NUMBERS ;
148+ 2. DOES NOT SHARE COVERE D INFORMATION WITH THE 2
149+PARENT ENTITY . 3
148150
149- 3. DEVICE IDENTIFIERS ;
151+ (4) (I) “Persistent unique identifier” means [a unique reference number 4
152+used as an identifier in computer software that is stored across different usage sessions] 5
153+AN IDENTIFIER THAT C AN BE USED TO IDENTI FY, RECOGNIZE, TRACK, SINGLE OUT, 6
154+OR MAKE REFERENCES A BOUT A STUDENT ENROL LED IN PREKINDERGART EN 7
155+THROUGH GRADE 12, THE PARENT OR GUARDI AN OF THE STUDENT , AND ANY OTHER 8
156+STUDENT OF WHOM THE PARENT OR GUARDIAN H AS CUSTODY. 9
150157
151- 4. HASHED E–MAIL ADDRESSES ;
158+ (II) “PERSISTENT UNIQUE IDE NTIFIER” INCLUDES: 10
152159
153- 5. HASHED PHONE NUMBERS ;
160+ 1. COOKIE IDENTIFIERS ; 11
154161
155- 6. IDENTIFIERS GENERATED THROUGH PROBABILISTI C
156-METHODS;
162+ 2. CUSTOMER NUMBERS ; 12
157163
158- 7. MOBILE AD IDENTIFIERS ;
164+ 3. DEVICE IDENTIFIERS ; 13
159165
160- 8. UNIQUE PSEUDONYMS ; AND
166+ 4. HASHED E–MAIL ADDRESSES ; 14
161167
162- 9. USER ALIASES.
168+ 5. HASHED PHONE NUMBERS ; 15
163169
164- (5) (i) “PreK–12 school purpose” means an activity that:
170+ 6. IDENTIFIERS GENERATED THROUGH PROBABILISTI C 16
171+METHODS; 17
165172
166- 1. Takes place at the direction of a public school, a teacher,
167-an administrator, or a local school system; or
173+ 7. MOBILE AD IDENTIFIERS ; 18
168174
169- 2. Aids in the administration of public school activities.
175+ 8. UNIQUE PSEUDONYMS ; AND 19
170176
171- (ii) “PreK–12 school purpose” includes:
177+ 9. USER ALIASES. 20
172178
173- 1. Instruction in the classroom;
179+ (5) (i) “PreK–12 school purpose” means an activity that: 21
174180
175- 2. Home instruction;
181+ 1. Takes place at the direction of a public school, a teacher, 22
182+an administrator, or a local school system; or 23
176183
177- 3. Administrative activities;
184+ 2. Aids in the administration of public school activities. 24
178185
179- 4. Collaboration among students, public school employees,
180-and parents;
186+ (ii) “PreK–12 school purpose” includes: 25
181187
182- 5. Maintaining, developing, supporting, improving, or
183-diagnosing the operator’s site, service, or application; and
188+ 1. Instruction in the classroom; 26
184189
185- 6. An activity that is for the use and benefit of the public
186-school.
187- LAWRENCE J. HOGAN, JR., Governor Ch. 164
190+ 2. Home instruction; 27 HOUSE BILL 769 5
188191
189-– 5 –
190- (6) (i) “Targeted advertising” means presenting advertisements to an
191-individual student that are selected based on information obtained or inferred from the
192-student’s [online behavior, usage of applications, or] covered information.
193192
194- (ii) “Targeted advertising” does not include advertisements
195-presented to an individual student at an online location:
196193
197- 1. Based on the student’s current visit to the online location
198-[without] IF THERE IS NO collection or retention of the student’s [online activities]
199-COVERED INFORMATION over time; or
194+ 3. Administrative activities; 1
200195
201- 2. In response to a single search query [without] IF THERE
202-IS NO collection or retention of the student’s [online activities] COVERED INFORMATION
203-over time.
196+ 4. Collaboration among students, public school employees, 2
197+and parents; 3
204198
205- (P) (1) ON OR BEFORE JULY 1, 2022, AND EACH JULY 1 THEREAFTER ,
206-EACH COUNTY BOARD SH ALL SUBMIT TO THE DEPARTMENT A LIST OF THE
207-FOLLOWING DIGITAL TOOLS WITH R ESPECT TO THE IMMEDI ATELY PRECEDING
208-SCHOOL YEAR :
199+ 5. Maintaining, developing, supporting, improving, or 4
200+diagnosing the operator’s site, service, or application; and 5
209201
210- (I) APPROVED DIGITAL TOOL S;
202+ 6. An activity that is for the use and benefit of the public 6
203+school. 7
211204
212- (II) DIGITAL TOOLS KNOWN T O BE USED BY EDUCATO RS; AND
205+ (6) (i) “Targeted advertising” means presenting advertisements to an 8
206+individual student that are selected based on information obtained or inferred from the 9
207+student’s [online behavior, usage of applications, or] covered information. 10
213208
214- (III) DIGITAL TOOLS NOT AUT HORIZED BY THE COUNT Y BOARD.
209+ (ii) “Targeted advertising” does not include advertisements 11
210+presented to an individual student at an online location: 12
215211
216- (2) ON OR BEFORE SEPTEMBER 1, 2022, AND EACH SEPTEMBER 1
217-THEREAFTER , THE DEPARTMENT SHALL PUBL ISH AN ONLINE DATABA SE OF THE
218-DIGITAL TOOLS REPORT ED BY EACH COUNTY BO ARD IN ACCORDANCE WI TH
219-PARAGRAPH (1) OF THIS SUBSECTION .
212+ 1. Based on the student’s current visit to the online location 13
213+[without] IF THERE IS NO collection or retention of the student’s [online activities] 14
214+COVERED INFORMATION over time; or 15
220215
221- SECTION 2. AND BE IT FURTHER ENACTED, That:
216+ 2. In response to a single search query [without] IF THERE 16
217+IS NO collection or retention of the student’s [online activities] COVERED INFORMATION 17
218+over time. 18
222219
223- (a) In this section, “Council” means the Student Data Privacy Council.
220+ (P) (1) ON OR BEFORE JULY 1, 2022, AND EACH JULY 1 THEREAFTER , 19
221+EACH COUNTY BOARD SH ALL SUBMIT TO THE DEPARTMENT A LIST OF THE 20
222+FOLLOWING DIGITAL TO OLS WITH RESPECT TO THE IMMEDIATELY PREC EDING 21
223+SCHOOL YEAR : 22
224224
225- (b) There is a Student Data Privacy Council.
225+ (I) APPROVED DIGITAL TOOL S; 23
226226
227- (c) The Council consists of the following members:
227+ (II) DIGITAL TOOLS KNOWN T O BE USED BY EDUCATORS ; AND 24
228228
229- (1) one member of the Senate of Maryland, appointed by the President of
230-the Senate;
229+ (III) DIGITAL TOOLS NOT AUT HORIZED BY THE COUNT Y BOARD. 25
231230
232- (2) one member of the House of Delegates, appointed by the Speaker of the
233-House;
234- Ch. 164 2022 LAWS OF MARYLAND
231+ (2) ON OR BEFORE SEPTEMBER 1, 2022, AND EACH SEPTEMBER 1 26
232+THEREAFTER , THE DEPARTMENT SHALL PUBL ISH AN ONLINE DATABA SE OF THE 27
233+DIGITAL TOOLS REPORT ED BY EACH COUNTY BO ARD IN ACCORDA NCE WITH 28
234+PARAGRAPH (1) OF THIS SUBSECTION . 29
235235
236-– 6 –
237- (3) the State Superintendent of Schools, or the Superintendent’s designee;
236+ SECTION 2. AND BE IT FURTHER ENACTED, That: 30
238237
239- (4) the Secretary of Information Technology, or the Secretary’s designee;
238+ (a) In this section, “Council” means the Student Data Privacy Council. 31 6 HOUSE BILL 769
240239
241- (5) the Executive Director of the Public School Superintendents’
242-Association of Maryland, or the Executive Director’s designee;
243240
244- (6) the Executive Director of the Maryland Association of Boards of
245-Education, or the Executive Director’s designee;
246241
247- (7) the President of the Maryland Association of Boards of Education, or
248-the President’s designee;
242+ (b) There is a Student Data Privacy Council. 1
249243
250- (8) the President of the Maryland State Education Association, or the
251-President’s designee;
244+ (c) The Council consists of the following members: 2
252245
253- (9) the President of the Maryland PTA, or the President’s designee; and
246+ (1) one member of the Senate of Maryland, appointed by the President of 3
247+the Senate; 4
254248
255- (10) the following members appointed by the Chair of the Council:
249+ (2) one member of the House of Delegates, appointed by the Speaker of the 5
250+House; 6
256251
257- (i) one School Data Privacy Officer, or the Officer’s designee;
252+ (3) the State Superintendent of Schools, or the Superintendent’s designee; 7
258253
259- (ii) one School Information Technology Officer, or the Officer’s
260-designee;
254+ (4) the Secretary of Information Technology, or the Secretary’s designee; 8
261255
262- (iii) one representative of a company, trade association, or group who
263-has professional experience in the area of student data privacy or online educational
264-technology services;
256+ (5) the Executive Director of the Public School Superintendents’ 9
257+Association of Maryland, or the Executive Director’s designee; 10
265258
266- (iv) one member of the academic community who studies K –12
267-student data privacy;
259+ (6) the Executive Director of the Maryland Association of Boards of 11
260+Education, or the Executive Director’s designee; 12
268261
269- (v) one advocate for student data privacy who does not have a
270-professional relationship with a provider of online educational technology services;
262+ (7) the President of the Maryland Association of Boards of Education, or 13
263+the President’s designee; 14
271264
272- (vi) one attorney who is knowledgeable in the laws and regulations
273-that pertain to local school systems;
265+ (8) the President of the Maryland State Education Association, or the 15
266+President’s designee; 16
274267
275- (vii) one school–based administrator from a public school in the State;
276-and
268+ (9) the President of the Maryland PTA, or the President’s designee; and 17
277269
278- (viii) one teacher from a public school in the State.
270+ (10) the following members appointed by the Chair of the Council: 18
279271
280- (d) The State Superintendent of Schools or the Superintendent’s designee shall
281-chair the Council and is responsible for the administration of the Council.
282- LAWRENCE J. HOGAN, JR., Governor Ch. 164
272+ (i) one School Data Privacy Officer, or the Officer’s designee; 19
283273
284-– 7 –
285- (e) The State Department of Education shall provide staff for the Council.
274+ (ii) one School Information Technology Officer, or the Officer’s 20
275+designee; 21
286276
287- (f) A member of the Council:
277+ (iii) one representative of a company, trade association, or group who 22
278+has professional experience in the area of student data privacy or online educational 23
279+technology services; 24
288280
289- (1) may not receive compensation as a member of the Council; but
281+ (iv) one member of the academic community who studies K –12 25
282+student data privacy; 26
290283
291- (2) is entitled to reimbursement for expenses under the Standard State
292-Travel Regulations, as provided in the State budget.
284+ (v) one advocate for student data privacy who does not have a 27
285+professional relationship with a provider of online educational technology services; 28
286+ HOUSE BILL 769 7
293287
294- (g) The Council shall:
295288
296- (1) study the development and implementation of the Student Data
297-Privacy Act of 2015 to evaluate the impact of the Act on:
289+ (vi) one attorney who is knowledgeable in the laws and regulations 1
290+that pertain to local school systems; 2
298291
299- (i) the protection of covered information from unauthorized access,
300-destruction, use, modification, or disclosure;
292+ (vii) one school–based administrator from a public school in the State; 3
293+and 4
301294
302- (ii) the implementation and maintenance of reasonable security
303-procedures and practices to protect covered information under the Act; and
295+ (viii) one teacher from a public school in the State. 5
304296
305- (iii) the implementation and maintenance of reasonable privacy
306-controls to protect covered information under the Act;
297+ (d) The State Superintendent of Schools or the Superintendent’s designee shall 6
298+chair the Council and is responsible for the administration of the Council. 7
307299
308- (2) review and analyze similar laws and best practices in other states;
300+ (e) The State Department of Education shall provide staff for the Council. 8
309301
310- (3) review and analyze developments in technologies as they may relate to
311-student data privacy; and
302+ (f) A member of the Council: 9
312303
313- (4) make recommendations regarding:
304+ (1) may not receive compensation as a member of the Council; but 10
314305
315- (i) statutory and regulatory changes to the Student Data Privacy
316-Act based on the findings of the Council; and
306+ (2) is entitled to reimbursement for expenses under the Standard State 11
307+Travel Regulations, as provided in the State budget. 12
317308
318- (ii) repealing the termination date of this Act to allow the Council to
319-continue its evaluation of student data privacy in the State on a permanent basis.
309+ (g) The Council shall: 13
320310
321- (h) On or before December 1, 2025, the Student Data Privacy Council shall report
322-to the Governor and, in accordance with § 2–1257 of the State Government Article, the
323-General Assembly on:
311+ (1) study the development and implementation of the Student Data 14
312+Privacy Act of 2015 to evaluate the impact of the Act on: 15
324313
325- (1) the implementation of § 4–131(p) of the Education Article, as enacted
326-by Section 1 of this Act; and
314+ (i) the protection of covered information from unauthorized access, 16
315+destruction, use, modification, or disclosure; 17
327316
328- (2) best practices for student data privacy protection for parents and
329-guardians of students in the State, including:
330- Ch. 164 2022 LAWS OF MARYLAND
317+ (ii) the implementation and maintenance of reasonable security 18
318+procedures and practices to protect covered information under the Act; and 19
331319
332-– 8 –
333- (i) (1) the actions that should occur if an operator engages in an
334-activity prohibited under § 4–131 of the Education Article;
320+ (iii) the implementation and maintenance of reasonable privacy 20
321+controls to protect covered information under the Act; 21
335322
336- (ii) (2) the type of investigation that should be done if an operator
337-is suspected of engaging in an activity prohibited under § 4–131 of the Education Article;
323+ (2) review and analyze similar laws and best practices in other states; 22
338324
339- (iii) (3) the best remedies available to students and parents in
340-case of an operator engaging in an activity prohibited under § 4–131 of the Education
341-Article; and
325+ (3) review and analyze developments in technologies as they may relate to 23
326+student data privacy; and 24
342327
343- (iv) (4) any statutory or regulatory changes necessary to best
344-effectuate items (i) through (iii) (1) through (3) of this item.
328+ (4) make recommendations regarding: 25
345329
346- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June
347-1, 2022. Section 2 of this Act shall remain effective for a period of 6 years and 4 months
348-and, at the end of September 30, 2028, Section 2 of this Act, with no further action required
349-by the General Assembly, shall be abrogated and of no further force and effect.
330+ (i) statutory and regulatory changes to the Student Data Privacy 26
331+Act based on the findings of the Council; and 27
350332
351-Approved by the Governor, April 21, 2022.
333+ (ii) repealing the termination date of this Act to allow the Council to 28
334+continue its evaluation of student data privacy in the State on a permanent basis. 29
335+ 8 HOUSE BILL 769
336+
337+
338+ (h) On or before December 1, 2025, the Student Data Privacy Council shall report 1
339+to the Governor and, in accordance with § 2–1257 of the State Government Article, the 2
340+General Assembly on: 3
341+
342+ (1) the implementation of § 4–131(p) of the Education Article, as enacted 4
343+by Section 1 of this Act; and 5
344+
345+ (2) best practices for student data privacy protection for parents and 6
346+guardians of students in the State, including: 7
347+
348+ (i) (1) the actions that should occur if an operator engages in an 8
349+activity prohibited under § 4–131 of the Education Article; 9
350+
351+ (ii) (2) the type of investigation that should be done if an operator 10
352+is suspected of engaging in an activity prohibited under § 4–131 of the Education Article; 11
353+
354+ (iii) (3) the best remedies available to students and parents in 12
355+case of an operator engaging in an activity prohibited under § 4–131 of the Education 13
356+Article; and 14
357+
358+ (iv) (4) any statutory or regulatory changes necessary to best 15
359+effectuate items (i) through (iii) (1) through (3) of this item. 16
360+
361+ SECTION 3. AND BE IT FURTHER EN ACTED, That this Act shall take effect June 17
362+1, 2022. Section 2 of this Act shall remain effective for a period of 6 years and 4 months 18
363+and, at the end of September 30, 2028, Section 2 of this Act, with no further action required 19
364+by the General Assembly, shall be abrogated and of no further force and effect. 20
365+
366+
367+
368+
369+Approved:
370+________________________________________________________________________________
371+ Governor.
372+________________________________________________________________________________
373+ Speaker of the House of Delegates.
374+________________________________________________________________________________
375+ President of the Senate.