§ 2443. Definitions As used in this subchapter: (1) “Covered information” means personal information or material, or information that is linked to personal information or material, in any media or format that is: (A)(i) not publicly available; or (ii) made publicly available pursuant to the federal Family Educational and Rights and Privacy Act; and (B)(i) […]
§ 2443a. Operator prohibitions (a) An operator shall not knowingly do any of the following with respect to its site, service, or application: (1) Engage in targeted advertising on the operator’s site, service, or application or target advertising on any other site, service, or application if the targeting of the advertising is based on any […]
§ 2443b. Operator duties An operator shall: (1) implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information and designed to protect that covered information from unauthorized access, destruction, use, modification, or disclosure; (2) delete, within a reasonable time period and to the extent practicable, a student’s covered information […]
§ 2443c. Permissive use or disclosure An operator may use or disclose covered information of a student under the following circumstances: (1) if other provisions of federal or State law require the operator to disclose the information and the operator complies with the requirements of federal and State law in protecting and disclosing that information; […]
§ 2443d. Operator actions that are not prohibited This subchapter does not prohibit an operator from doing any of the following: (1) using covered information to improve educational products if that information is not associated with an identified student within the operator’s site, service, or application or other sites, services, or applications owned by the […]
§ 2443e. Applicability This subchapter does not: (1) limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or under a court order; (2) limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning […]
§ 2443f. Enforcement A person who violates a provision of this chapter commits an unfair and deceptive act in commerce in violation of section 2453 of this title. (Added 2019, No. 89 (Adj. Sess.), § 4.)
