Law / United States / 
Delaware
Education Privacy Act: higher education institutions and students' social networking accounts and personal devices
Del. Code Ann. tit. 14, §§ 8101 to 8105
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- If you are a public or nonpublic institution of higher education or postsecondary education, do not request or require that a student or applicant disclose any password or other related account information in order to gain access to the student's or applicant's social networking site profile or account by way of an electronic communication device (section 8103(a)).
- Do not require or request that a student or applicant log onto a social networking site, mail account or any other internet site or application by way of an electronic communication device in your agent's presence so as to give you access (section 8103(b)).
- Do not monitor or track a student's or applicant's personal electronic communication device by installing software on the device or by remotely tracking it with intercept technology (section 8103(c)).
- Do not request or require that a student or applicant add the employer or its representative, as section 8103(d) reads, to the student's or applicant's personal social networking site profile or account (section 8103(d)).
- Do not access a student's or applicant's social networking site profile or account indirectly through any other person who is a social networking contact of the student or applicant (section 8103(e)).
- Do not discipline, dismiss or otherwise penalize, or threaten to penalize, a student for refusing to disclose that information, and do not fail or refuse to admit an applicant because the applicant refused (section 8104).
- The chapter does not apply to investigations by your public safety department or police agency that have a reasonable articulable suspicion of criminal activity, or to an investigation, inquiry or determination under your threat assessment policy or protocol (section 8105).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Sections 8103 and 8104 bar an institution from demanding account credentials, requiring a login in its agent's presence, monitoring or tracking a personal device, accessing an account through a contact, and penalizing a refusal. Section 8105 excepts public safety, police and threat assessment investigations. None of them requires a log or record, names an audit or gives a party a right to a record.
- Kind
- None
- As of
What this law does
Chapter 81 of title 14 of the Delaware Code, the Education Privacy Act, bars a public or nonpublic institution of higher education or postsecondary education from requesting or requiring that a student or applicant disclose any password or other related account information that gives access to the student's or applicant's social networking site profile or account by way of an electronic communication device.
The Education Privacy Act bars such an institution from monitoring or tracking a student's or applicant's personal electronic communication device by installing software on the device or by remotely tracking it with intercept technology.
The Education Privacy Act bars such an institution from requiring or requesting that a student or applicant log onto a social networking site, mail account or other internet site or application by way of an electronic communication device in the presence of an agent of the institution so as to give the institution access.
The Education Privacy Act bars such an institution from requesting or requiring that a student or applicant add the employer or its representative, as section 8103(d) reads, to the student's or applicant's personal social networking site profile or account. The Education Privacy Act bars such an institution from accessing a student's or applicant's social networking site profile or account indirectly through any other person who is a social networking contact of the student or applicant.
The Education Privacy Act bars such an institution from disciplining, dismissing or otherwise penalizing a student, or refusing to admit an applicant, for refusing to disclose that information. The chapter does not apply to investigations by an institution's public safety department or police agency that have a reasonable articulable suspicion of criminal activity, or to an investigation, inquiry or determination under the institution's threat assessment policy or protocol.
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