Student digital information privacy.

2017
STATE OF WYOMING
17LSO-0011
Introduced
1.2

SENATE FILE

NO.
SF0020

Student digital information privacy.

Sponsored by:
Joint Education Interim Committee

A BILL

for

AN ACT relating to education; prohibiting an officer or employee of a school district from requiring access to a digital information account of a student or prospective student; prohibiting waiver of rights; providing exceptions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 21
‑
4
‑
701
is created to read:

Article 7
Student digital information privacy

21
‑
4
‑
701
.

Student digital information privacy; prohibited acts; exceptions.

(a)

No officer or employee of a school district organized within this state shall:

(i)

Require a student or prospective student to disclose or to provide access to a digital information account through the student's or prospective student's username, password or other means of authentication that provides access;

(ii)

Require a student or prospective student to access a digital information account in the presence of any officer or employee of the school district in a manner that enables the officer or employee to observe the contents of the digital information account;

(iii)

Require a student or prospective student to provide the student's or prospective student's electronic communication device
for the purpose of enabling the officer or employee to observe the contents of
the

student's or prospective student's digital information account
by way of the device
;

(i
v
)

Compel a student or prospective student to add anyone to the student's or prospective student's list of contacts associated with a digital
information account or require
or cause a student or prospective student to change the privacy settings associated with a digital information account;

(v)

Expel, discharge, discipline, fail or refuse to admit or otherwise penalize or threaten a student or prospective student for refusing to disclose information or to take action specified in this section;

(v
i
)

Require a student or prospective student to waive or limit any protection granted under this section.

(b)

Nothing in this section shall prohibit an officer or employee of a school district from:

(i)

Conducting an investigation, without requiring access to a digital information account through username, password or other means of authentication, for the purpose of ensuring compliance with applicable law or school policies against student misconduct based on the receipt of specific information about activity associated with a student's digital information account;

(ii)

Requesting or receiving written or electronic consent from a student or prospective student, if emancipated or eighteen (18) years of age or older, or the student's or prospective student's parent or legal guardian, if the student or prospective student is an unemancipated minor, to observe the contents of a digital information account, without requiring access to the account through username, password or other means of authentication;

(iii)

Viewing, accessing or utilizing information about a student or prospective student that is publicly available
or self
‑
reported;

(iv)

Obtaining an electronic communication device of a student or prospective student for the purpose of providing information technology support with the voluntary consent of the student or prospective student.

(c)

Nothing in this section shall apply to an account opened, created or provided by a school district if the student has been provided advance notice the account may be monitored at any time by an officer or employee of the school district.

(d)

Nothing in this section shall be construed to prohibit or restrict a student or prospective student from self
‑
disclosing a username, password or other means of authentication that provides access to the student's or prospective student's digital information account
or content

if the student o
r prospective student
has been provided advance notice
that disclosure is voluntary.

(
e
)

This section does not create a duty for an officer or employee of a school district to search or
monitor the activity of a student's or prospective student's digital information account.

(
f
)

If an officer or employee of a school district gains access to an unemancipated minor's digital information pursuant to subsection (a)

or
paragraph
(b)
(i) or (ii)
of this section, the officer or employee shall notify the parent or legal guardian of the student as soon as practical and in no event more than twenty
‑
four (24) hours after the content has been viewed or access has been granted to the student's digital information account.

(
g
)

For purposes of this section
,
"digital information account" means an electronic service or account used to communicate or store digital assets.

Section 2
.

W.S. 21
‑
3
‑
110(a) by creating a new paragraph (xxxv) is amended to read:

21
‑
3
‑
110
.

Duties of boards of trustees.

(a)

The board of trustees in each school district shall:

(xxxv)

E
nsure compliance with W.S.
21
‑
4
‑
701
.

Section

3
.

This
act is effective July 1,
201
7
.

(END)

1
SF0020