Law / United States /
California
AB 1159 (2026), student personal information (KOPIPA, ELPIPA and the Higher Education Student Information Protection Act)
AB 1159 (Ch. 182, Stats. 2026), Cal. Bus. and Prof. Code Sections 22584 to 22587.2
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition, Retention, Security
As of .
What it requires
- If you operate a site, service or application, or work on behalf of an operator, that you know is used for K-12 school purposes and that is designed or marketed for them, do not engage in targeted advertising on it, and do not target advertising elsewhere using information you acquired through its use (Business and Professions Code Section 22584(a)(10), (b)(1)).NIST Privacy FrameworkCT.PO-P1
- Do not use covered information, including persistent unique identifiers, created or gathered by your site, service or application to train a generative artificial intelligence system or service or to develop an artificial intelligence system (Section 22584(b)(5)).NIST Privacy FrameworkCT.PO-P1
- Do not collect, use, retain or disclose covered information relating to a pupil's reproductive or sexual health, immigration status, or sexual orientation or gender identity (Section 22584(b)(6)).NIST Privacy FrameworkCT.PO-P1
- Do not use covered information to amass a profile about a pupil except in furtherance of K-12 school purposes, and do not sell a pupil's information except in an acquisition of your company or under a written contract that meets the section's conditions (Section 22584(b)(2), (3)).NIST Privacy FrameworkCT.PO-P1
- Disclose covered information only as Section 22584(b)(4) permits, and when you disclose it to a service provider, bind the provider by contract not to use it for any other purpose, not to disclose it to later third parties, and to maintain reasonable security procedures and practices (Section 22584(b)(4)(E)).NIST Privacy FrameworkCT.PO-P2NIST Privacy FrameworkID.DE-P3
- Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information (Section 22584(d)(1)).NIST Privacy FrameworkPR.DS-P5
- Delete a pupil's covered information when the school or local educational agency requests deletion, and delete a former pupil's covered information that the California Consumer Privacy Act does not cover when the parent, education rights holder or guardian, or the former pupil if 18 or older, requests it and the pupil has been out of enrollment for at least 60 days (Section 22584(d)(2), (3)).NIST Privacy FrameworkCT.PO-P3
- Retain covered information only as long as reasonably necessary for the purpose it was collected, and keep a written data retention policy, available on request to a pupil, parent, guardian, education rights holder or K-12 personnel, stating the purposes, the retention purpose and a deletion timeframe (Section 22584(d)(4), (5)).NIST Privacy FrameworkGV.PO-P1NIST Privacy FrameworkCT.DM-P5
- If your service is used for preschool or prekindergarten purposes, Section 22586 sets parallel prohibitions and duties, and bars any sale of a child's information other than in an acquisition of your company (Section 22586(b)(3)).NIST Privacy FrameworkCT.PO-P1
- If your service is used for higher education purposes, Section 22587 sets parallel prohibitions and duties from , and also bars collecting, using, retaining or disclosing a student's precise geolocation information (Sections 22587(b)(6), 22587.2).NIST Privacy FrameworkCT.PO-P1
These lines are LexLint's reading of the law's text, as of .
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
- NIST Privacy Framework
- ID.DE-P3Contracts with data processing ecosystem parties are used to implement appropriate measures designed to meet the objectives of an organization’s privacy program.
- GV.PO-P1Organizational privacy values and policies (e.g., conditions on data processing such as data uses or retention periods, individuals’ prerogatives with respect to data processing) are established and communicated.
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CT.PO-P2Policies, processes, and procedures for enabling data review, transfer, sharing or disclosure, alteration, and deletion are established and in place (e.g., to maintain data quality, manage data retention).
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
- CT.DM-P5Data are destroyed according to policy.
1 more
- PR.DS-P5Protections against data leaks are implemented.
- NIST CSF 2.0
- GV.SC-05Requirements to address cybersecurity risks in supply chains are established, prioritized, and integrated into contracts and other types of agreements with suppliers and other relevant third parties
- ID.AM-08Systems, hardware, software, services, and data are managed throughout their life cycles
- PR.DS-01The confidentiality, integrity, and availability of data-at-rest are protected
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- AIR-PREV-008Quality of Service (QoS) and DDoS Prevention for AI Systems
- AIR-PREV-012Role-Based Access Control for AI Data
- AIR-PREV-014Encryption of AI Data at Rest
- AIR-PREV-017AI Firewall Implementation and Management
4 more
- AIR-PREV-020MCP Server Security Governance
- AIR-DET-001AI Data Leakage Prevention and Detection
- AIR-DET-004AI System Observability
- AIR-DET-021Agent Decision Audit and Explainability
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Private right of actionYes
Statutory damages
Section 22585(a): the greater of actual damages or $500 per plaintiff, per violation, plus injunctive relief, punitive damages, and reasonable attorney's fees and costs.
- As of
- Currency
- USD
- Per person minimum
- 500
- Class action available
- Yes
Who enforces it
Enforcement body
No dedicated regulator; enforced through a private civil action by the pupil or student, or a parent, education rights holder or guardian, with a copy of the complaint furnished to the Attorney General within 10 days of filing.
What this law does
AB 1159 was chaptered on as Chapter 182 of the Statutes of 2026. It amends Sections 22584 and 22586 of the Business and Professions Code, adds Section 22586.1 and Chapter 22.2.6, and repeals and adds Section 22585. The K-12 Pupil Online Personal Information Protection Act (KOPIPA) protects the personal information of a student enrolled in a K-12 course of instruction.
The Early Learning Personal Information Protection Act (ELPIPA) protects the personal information of a child enrolled in a preschool or prekindergarten course of instruction. The act applies both Acts to an operator, or an entity working on behalf of the operator, of a site, service or application with actual knowledge that it is used for the applicable school purposes and was designed or marketed for those purposes.
An operator may not knowingly engage in targeted advertising on its site, service or application, or target advertising on another site, service or application based on information it acquired through the use of its site, service or application for K-12 school purposes.
An operator may not knowingly use covered information, including persistent unique identifiers, created or gathered by its site, service or application to train a generative artificial intelligence system or service or develop an artificial intelligence system. An operator may not knowingly collect, use, retain or disclose covered information relating to a pupil's reproductive or sexual health, immigration status, or sexual orientation or gender identity.
An operator may not knowingly amass a profile about a pupil enrolled in a local educational agency, except in furtherance of K-12 school purposes and for the use and benefit of the school and the teacher, pupil or parent. An operator may not knowingly sell a pupil's information unless the sale is part of an acquisition of the operator or is made under a written contract that meets the section's conditions.
An operator must implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information. An operator must delete a pupil's covered information if the school or local educational agency requests deletion of data under its control.
An operator must also delete a pupil's covered information that the California Consumer Privacy Act does not cover when the pupil's parent, education rights holder or guardian, or a former pupil who is 18 or older, requests it and the pupil has been no longer enrolled in the local educational agency for at least 60 days. An operator must retain covered information only as long as reasonably necessary to fulfill the specific purpose for which it was collected.
An operator must establish, implement and maintain a written data retention policy, available on request to a pupil, parent, guardian, education rights holder or K-12 personnel, that states the purposes for which covered information is collected and retained and a timeframe for deleting it.
A pupil who suffers actual damages as a result of an operator's failure to comply, or the pupil's parent, education rights holder or guardian, may sue on the pupil's behalf and on behalf of a similarly situated class for the greater of actual damages or $500 per plaintiff per violation, injunctive relief, punitive damages, and reasonable attorney's fees and costs.
At least 60 days before bringing the action the pupil must give the operator written notice of the alleged violations and demand that it correct and remedy them. The person who brings the action must furnish a copy of the complaint to the Attorney General within 10 days after filing it.
AB 1159 also enacts the Higher Education Student Information Protection Act (HESIPA), which protects the personal information of a student enrolled in a higher education institution in a similar manner as KOPIPA and ELPIPA. HESIPA applies to an operator, or an entity working on behalf of the operator, of a site, service or application with actual knowledge that it is used for higher educational purposes and was designed or marketed for them.
HESIPA also bars an operator from knowingly collecting, using, retaining or disclosing covered information relating to a student's reproductive or sexual health, immigration status, precise geolocation information, or sexual orientation or gender identity. HESIPA becomes operative on .
Under Article IV, section 8(c)(1) of the California Constitution, a statute enacted at a regular session goes into effect on the January 1 next following a 90-day period from its enactment, which for the amendments to Sections 22584 to 22586.1 is .
When LexLint raises it
When your app profile says your app serves under-18s or trains models.