Law / United States / Illinois

Student Online Personal Protection Act: school prohibitions on selling and sharing covered information

105 ILCS 85/26

In force since .

A sensitive categories rule binding public and private bodies.

Obligation class
Prohibition, Disclosure, Contract terms

What it requires

  • If you are a school, do not sell, rent, lease, or trade covered information (105 ILCS 85/26(1)).
  • Do not share, transfer, disclose, or provide access to a student's covered information to an entity or individual other than the student's parent, school personnel, appointed or elected school board members or local school council members, or the State Board, without a written agreement, unless the disclosure is to law enforcement officials as State or federal law permits to protect the safety of users or the security of the operator's service, is required by court order or State or federal law, or ensures legal or regulatory compliance; this paragraph does not apply to nonpublic schools (105 ILCS 85/26(2)).

These lines are LexLint's reading of the law's text.

What this law does

Drafted with AI

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Research summary

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The Act treats a private or nonpublic school as a school except as the Act otherwise provides. Section 26 bars a school from selling, renting, leasing, or trading covered information.

Section 26 bars a school from sharing, transferring, disclosing, or providing access to a student's covered information to an entity or individual other than the student's parent, school personnel, school board or local school council members, or the State Board of Education without a written agreement, unless the disclosure falls within the listed exceptions. The written agreement requirement in section 26(2) does not apply to nonpublic schools.

When LexLint raises it

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