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 using location data for tracking, 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 written explanations be provided to students and their parents or legal guardians within seventy-two hours of any such access. Additionally, it 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 requirements for written explanations.
The bill also restricts access to location data, allowing it only under specific circumstances, such as a judicial warrant, notification of a missing or stolen device, a suspected imminent threat, or retrieval of de-identified data to determine the device's location. School districts are granted the authority to adopt policies to implement these regulations.
Penalties for violations include the possibility of injunctive relief, damages, and reasonable attorney fees for prevailing plaintiffs in civil actions. The rights provided to parents or legal guardians under this chapter will also accrue to any student who is eighteen years of age or older. The act is set to take effect on August 1, 2025.