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, such as:
1. A student initiates the activation for educational purposes.
2. The activation and/or access is ordered pursuant to a judicial warrant.
3. Activation and/or access is deemed reasonably necessary to respond to a suspected imminent threat to life or safety.
Additionally, the bill mandates that written explanations be provided to students and their parents or legal guardians within seventy-two hours of any such access.
The bill also prohibits third parties, other than a student's parent or legal guardian, from activating or accessing audio or video functions on a student's device, with similar conditions for access. Furthermore, it restricts the use of location data for tracking a student's device, allowing access only under specific circumstances, including judicial warrants or in response to a reported missing or stolen device.
School districts are granted the authority to adopt policies to further implement these regulations. The bill outlines penalties for violations, including the possibility of injunctive relief, damages, and reasonable attorneys' fees in civil actions. The rights provided to parents or legal guardians under this chapter also extend to students who are eighteen years of age or older. Notably, the provisions of this chapter do not apply to devices used in correctional facilities. The act is set to take effect on August 1, 2025.