Law / United States / 
California
Pupil records: school programs that gather pupils' social media information
Cal. Education Code section 49073.6
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Disclosure, Data subject rights, Retention
As of .
What it requires
- If you are a school district, county office of education or charter school that considers a program to gather or maintain in its records information obtained from the social media of an enrolled pupil, notify pupils and their parents or guardians about the proposed program and provide an opportunity for public comment at a regularly scheduled public meeting before you adopt it (section 49073.6(b)).
- If you adopt such a program, gather or maintain only information that pertains directly to school safety or to pupil safety, and give a pupil access to the information about them and an opportunity to correct or delete it (section 49073.6(c)(1) and (2)).
- Destroy the information within one year after the pupil turns 18 or is no longer enrolled, whichever occurs first, and notify each parent or guardian of the program and of the destruction rule (section 49073.6(c)(3)(A) and (B)).
- If you contract with a third party to gather social media information on an enrolled pupil, require the contract to prohibit the third party from using the information for other purposes and from selling or sharing it with anyone but the agency or the pupil or parent, and to require destruction of the information on completion and when the pupil turns 18 or leaves (section 49073.6(c)(3)(C)).
These lines are LexLint's reading of the law's text, as of .
What this law does
Education Code section 49073.6 requires a school district, county office of education or charter school that considers a program to gather or maintain in its records information obtained from the social media of an enrolled pupil to notify pupils and their parents or guardians and provide an opportunity for public comment before adopting the program.
Under section 49073.6(c)(1), an agency that adopts such a program must gather or maintain only information that pertains directly to school safety or to pupil safety. Under section 49073.6(c)(2), the agency must provide a pupil with access to any information about the pupil obtained from social media and an opportunity to correct or delete it.
Under section 49073.6(c)(3)(A), the agency must destroy information gathered from social media within one year after a pupil turns 18 or is no longer enrolled, whichever occurs first. Under section 49073.6(c)(3)(C), if the agency contracts with a third party to gather social media information on an enrolled pupil, the contract must prohibit the third party from using the information for purposes other than the contract. Education Code section 49073.6 took effect on .
When LexLint raises it
When your app profile says your app serves under-18s.