Law / United States / 
Maryland
Personal electronic accounts of students and applicants: limits on institutions of postsecondary education
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- If you are an institution of postsecondary education, do not require, request, suggest or cause a student, an applicant or a prospective student to grant access to, allow observation of, or disclose information that allows access to or observation of the individual's personal electronic account (Educ. 26-401(b)(1)).
- Do not compel a student, an applicant or a prospective student, as a condition of acceptance or participation in curricular or extracurricular activities, to add any individual, including a coach, teacher, administrator, other employee or volunteer, to the list of contacts associated with a personal electronic account, or to change the privacy settings associated with it (Educ. 26-401(b)(2)).
- Do not discharge, discipline, prohibit from participating in curricular or extracurricular activities, or otherwise penalize a student, or threaten to, because the student refuses to grant access to or disclose information that allows access to a personal electronic account, to add an individual to its contacts, or to change its privacy settings (Educ. 26-401(b)(3)).
- Do not fail or refuse to admit an applicant because the applicant refuses to grant access to or disclose information that allows access to a personal electronic account, to add an individual to its contacts, or to change its privacy settings (Educ. 26-401(b)(4)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Private right of actionYes
Statutory damages
Section 26-401(e)(1)(iii) lets an individual recover not more than $1,000 in damages plus reasonable attorney's fees and court costs, which is a ceiling and not a floor, and subsection (e)(2) bars an action for damages until at least 60 days after a written demand for not more than $1,000.
- As of
- Currency
- USD
Who enforces it
Settledness
- As of
What record it asks for
Logging duty
An institution of postsecondary education may not require, request, suggest or cause a student, an applicant or a prospective student to grant access to a personal electronic account, add contacts, or change privacy settings, and may not penalize a refusal. The section requires no log, register, consent record or retention of any kind.
- Kind
- None
- As of
What this law does
An institution of postsecondary education is a school or other institution that offers an educational program in the State for individuals who are at least 16 years old and who have graduated from or left elementary or secondary school.
Section 26-401 of the Education Article bars such an institution from requiring, requesting, suggesting or causing a student, an applicant or a prospective student to grant access to, allow observation of, or disclose information that allows access to or observation of the individual's personal electronic account.
The institution may not compel a student, an applicant or a prospective student, as a condition of acceptance or participation in curricular or extracurricular activities, to add any individual to the list of contacts associated with a personal electronic account or to change its privacy settings.
The institution may not discharge, discipline, prohibit from participating in curricular or extracurricular activities, or otherwise penalize a student, or threaten to, because the student refuses to grant access, to add an individual to the list of contacts or to change the privacy settings of a personal electronic account.
The institution may not fail or refuse to admit an applicant because the applicant refuses to grant access, to add an individual to the list of contacts or to change the privacy settings of a personal electronic account. A personal electronic account does not include an account that is opened on behalf of, or owned or provided by, an institution of postsecondary education.
The section does not prohibit or restrict an institution from viewing, accessing or utilizing information about a student, an applicant or a prospective student that can be obtained without access information, is publicly accessible, or is available to the institution as the result of actions undertaken independently by the student.
The section does not apply to a suspected criminal activity investigation into the publicly accessible communications of a student, an applicant or a prospective student that a public safety department or police agency of the institution performs. An individual who is the subject of a violation may bring a civil action to enjoin the violation or for damages, and may recover not more than $1,000 in damages plus reasonable attorney's fees and court costs.
An individual may not bring an action for damages until at least 60 days after making a written demand of the alleged violator for not more than $1,000. It is an affirmative defense to a claim under the section that the institution acted to comply with the requirements of a federal or State law. Chapter 465 of the Acts of 2015 (House Bill 934) added the section effective .
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