This bill, titled "Student Computer Device Privacy," seeks to amend Title 16 of the General Laws by adding a new chapter. The new chapter would establish restrictions on the access and use of audio and video functions and location data on student computer devices by educational institutions, school districts, and third parties. The bill defines key terms such as "de-identified," "educational institution," "institutional device," "location data," "personal device," "school district," and "student."
Under the proposed legislation, educational institutions and school districts would be prohibited from activating or accessing audio or video functions on a student's institutional or personal device, unless the activation is initiated by the student for educational purposes, ordered by a judicial warrant, or deemed necessary to respond to a suspected imminent threat to life or safety. If access is granted for the latter reason, the educational institution or school district must provide a written explanation of the threat and the data and features that were accessed. Similar restrictions and requirements apply to third parties accessing audio or video functions on a student's device.
Additionally, the bill prohibits the access and use of location data for tracking a student's device, unless authorized by a judicial warrant, the device is missing or stolen, there is a suspected imminent threat to life or safety, or the data is retrieved in a de-identified manner to determine the device's location. Again, if access is granted for the purpose of responding to a threat, the educational institution or school district must provide a written explanation to the student and their parent or legal guardian. The bill also grants school districts the authority to adopt policies to further implement these privacy protections and establishes penalties for violations of the chapter. The act would take effect on August 1, 2024.