Law / United States / New Hampshire

Student Online Personal Information: operators of K-12 sites, services and applications

RSA 189:68-a

In force since .

A sensitive categories rule binding private bodies.

Obligation class
Prohibition, Security, Retention
Audit expectation
none

As of .

What it requires

  • If you operate a website, online service, online application or mobile application you know is used primarily for K-12 school purposes and was designed and marketed for them, do not knowingly engage in targeted advertising on your site, service or application, or on any other, based on information you acquired because of the use of yours (RSA 189:68-a, II(a)(1)).
  • Do not knowingly use information, including persistent unique identifiers, created or gathered by your site, service or application to amass a profile about a K-12 student (RSA 189:68-a, II(a)(2)).
  • Do not knowingly sell, lease, rent, trade or otherwise make available a student's information, including covered information, except in an acquisition of the operator where the successor remains subject to the section (RSA 189:68-a, II(a)(3)).
  • Do not knowingly disclose protected information unless the disclosure is made to respond to or participate in judicial process (RSA 189:68-a, II(a)(4)).
  • Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and delete a student's covered information if the school or district requests deletion of data under its control (RSA 189:68-a, II(b)).

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

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

An operator is the operator of an Internet website, online service, online application or mobile application with actual knowledge that it is used primarily for K-12 school purposes and was designed and marketed for those purposes. No operator may knowingly engage in targeted advertising on its own or any other site, service or application based on information it acquired because of the use of its site, service or application.

No operator may knowingly use information created or gathered by its site, service or application to amass a profile about a K-12 student, or sell, lease, rent, trade or otherwise make available a student's information, including covered information.

An operator shall implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and shall delete a student's covered information if the school or district requests deletion of data under its control. The section does not apply to general audience Internet websites, online services, online applications or mobile applications. The section was added by 2015, 128:1, effective .

When LexLint raises it

When your app profile says your app serves under-18s.

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