CA AB 1971

Title: Student Online Personal Information Protection Act: administration of standardized tests.
Author: Dawn Addis

Summary
AB 1971, as amended, Addis. Student Online Personal Information Protection Act: administration of standardized tests. The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to opt out of the selling or sharing of personal information about the consumer to third parties. Additionally, the CCPA prohibits a business from selling or sharing the personal information of a consumer if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of a consumer at least 13 years of age and less than 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sale or sharing of the consumer’s personal information.The Student Online Personal Information Protection Act (SOPIPA) prohibits an operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K–12 school purposes and was designed and marketed for K–12 school purposes from knowingly engaging in certain activities with respect to the operator’s site, service, or application, including selling a student’s information, including covered information, as defined, or using information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to amass a profile about a K–12 student except in furtherance of K–12 school purposes. SOPIPA also prohibits an operator from disclosing covered information unless the disclosure is made for certain purposes, including to ensure legal and regulatory compliance. SOPIPA defines “K–12 school purposes” to mean purposes that customarily take place at the direction of the K–12 school, teacher, or school district or aid in the administration of school activities, as specified.The Student Test Taker Privacy Protection Act prohibits a business providing proctoring services in an educational setting from collecting, retaining, using, or disclosing personal information, as defined, except to the extent necessary to provide those proctoring services and in other specified circumstances.This bill would additionally define “K–12 school purposes” to mean the administration in the state of a standardized test that a K–12 student has paid to take that is used for the purpose of bolstering the K–12 student’s application for admission to a postsecondary educational institution or a postsecondary institution’s program or a test used for preparation for a standardized test. The bill would additionally authorize an operator to disclose covered information if the disclosure is to a postsecondary institution for the purpose of facilitating a K–12 student’s admission to that institution only if the K–12 student, or the K–12 student’s legal guardian, has consented to the disclosure.

Status
Referred to Coms. on ED. and JUD.

Bill Documents
CA AB 1971 - 03/04/24 - Amended Assembly
03/04/24 - CA AB 1971 (03/04/24 - Amended Assembly)