Law / United States / 
California
Postsecondary social media privacy: institutions may not require students to disclose social media credentials or information
Cal. Education Code sections 99120 to 99122
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition, Disclosure
- Audit expectation
- none
What it requires
- If you are a public or private postsecondary educational institution, or an employee or representative of one, do not require or request a student, prospective student or student group to disclose a user name or password for personal social media, to access personal social media in your presence, or to divulge any personal social media information (section 99121(a)).
- Do not suspend, expel, discipline, threaten or otherwise penalize a student, prospective student or student group for refusing a request or demand that violates the section (section 99121(b)).
- These limits do not affect your existing rights and obligations to protect against and investigate alleged student misconduct or violations of applicable laws and regulations, and do not bar adverse action against a student, prospective student or student group for any lawful reason (section 99121(c)).
- If you are a private nonprofit or for-profit postsecondary educational institution, post your social media privacy policy on your Internet Web site (section 99122).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
The chapter bars an institution from requiring or requesting a student's social media credentials or information and requires private institutions to post a social media privacy policy. It names no log, no record to be kept, no retention period and no reader of a record.
- Kind
- None
- As of
What this law does
Education Code section 99121(a) bars public and private postsecondary educational institutions, and their employees and representatives, from requiring or requesting a student, prospective student or student group to disclose a user name or password for personal social media, to access personal social media in the presence of the institution's employee or representative, or to divulge any personal social media information.
Section 99121(b) bars an institution from suspending, expelling, disciplining, threatening or otherwise penalizing a student, prospective student or student group for refusing a request or demand that violates the section.
Section 99121(c) provides that the section does not affect an institution's existing rights and obligations to protect against and investigate alleged student misconduct or violations of applicable laws and regulations, and does not prohibit an institution from taking adverse action against a student, prospective student or student group for any lawful reason.
Section 99122 requires a private nonprofit or for-profit postsecondary educational institution to post its social media privacy policy on its Internet Web site. Section 99120 defines social media as an electronic service or account, or electronic content, including videos, still photographs, blogs, podcasts, instant and text messages, email, online services or accounts, and Internet Web site profiles or locations. The chapter was added by Statutes 2012, chapter 619 (SB 1349), effective .
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