Personal Online Account Privacy Protection Act: educational institutions may not require a student's or prospective student's account credentials

Under Revised Statutes 51:1954(A)(1), an educational institution may not request or require a student or prospective student to disclose any username, password or other authentication information that allows access to the student's or prospective student's personal online account.

Under Revised Statutes 51:1954(A)(2), an educational institution may not expel, discipline, fail to admit, or otherwise penalize or threaten to penalize a student or prospective student for failure to disclose that information.

Under Revised Statutes 51:1952(1), an educational institution is a public or private educational institution or a separate school or department of one, and includes a university, college or junior college, an elementary or secondary school, a school district, a public or private educational testing service or test administrator, and an agent of an educational institution.

A personal online account is an online account that the employee, applicant for employment, student or prospective student uses exclusively for personal communications unrelated to any business purpose of the employer or educational institution.

Under Revised Statutes 51:1954(B), an educational institution may still request or require authentication information to gain access to or operate a device it paid for or supplied in whole or in part, except a device provided with the intent to permanently transfer ownership to the student or prospective student, or an account or service it provides that the student obtained by admission or uses for educational purposes.

Under Revised Statutes 51:1954(C), an educational institution may view information about a student or prospective student that can be obtained without that authentication information or is in the public domain, and may restrict access to certain websites, in accordance with state and federal law, while the student uses a device it paid for or supplied in whole or in part, other than one provided with the intent to permanently transfer ownership, or while the student uses its network or resources.

Under Revised Statutes 51:1954(D), a student or prospective student remains free to disclose authentication information to the institution voluntarily. Under Revised Statutes 51:1955, the chapter creates no duty for an employer or educational institution to search or monitor the activity of a personal online account, and neither is liable under the chapter for failing to request or require disclosure of the information that gives access to one. The chapter took effect on August 1, 2014.