The proposed bill introduces Chapter 117, titled "Student Computer Device Privacy," to Title 16 of the General Laws concerning education. This chapter establishes regulations regarding the access and use of audio, video, and location data on students' institutional and personal devices by educational institutions and school districts. Specifically, it prohibits these entities from activating or accessing audio and video functions, or tracking location data, unless certain conditions are met, including: (1) a student initiates the activation for educational purposes; (2) the activation and/or access is ordered pursuant to a judicial warrant; or (3) the activation and/or access is deemed reasonably necessary to respond to a suspected imminent threat to life or safety.
The bill mandates that any access or activation must be reported to the student and their parent or legal guardian within 72 hours, providing a written explanation of the circumstances. Additionally, it prohibits third parties, other than a student's parent or legal guardian, from activating or accessing audio or video functions or location data, with similar reporting requirements.
School districts are granted the authority to adopt policies to further implement these regulations. The bill outlines penalties for violations, allowing courts to award appropriate injunctive and declaratory relief, damages, and reasonable attorneys' fees and costs in civil actions. The rights provided to parents or legal guardians under this chapter also extend to students who are 18 years of age or older. Notably, the chapter does not apply to devices used in correctional facilities. The act is set to take effect on August 1, 2025.