Law / United States /
New Hampshire
Educational institution policies on social media: limits on access to a student's personal social media account
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 educational institution, do not require or request that a student or prospective student disclose or provide access to a personal social media account through a user name, password or other means of authentication (RSA 189:70, I(a)).
- Do not require or request that a student or prospective student access a personal social media account in the presence of an employee of the institution in a manner that lets the employee observe its contents (RSA 189:70, I(b)).
- Do not compel a student or prospective student to add anyone to a contact list associated with a personal social media account, or require, request, suggest or cause a change to the account's privacy settings (RSA 189:70, I(c)).
- Do not take or threaten to take action to discipline a student or bar a student from curricular or co-curricular activities, or refuse to admit a prospective student, because the student refused to disclose information or take the actions in RSA 189:70, I(a) to (c) (RSA 189:70, I(d) and (e)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
RSA 189:70 bars an educational institution from requiring or requesting access to a student's personal social media account, and from penalizing a refusal. A prohibition imposes no duty to make, keep or produce a record. The cited provisions state no territorial reach, so no hook is taken.
- Kind
- None
- As of
What this law does
An educational institution, meaning a public or private school, college, university or other institution offering an organized course of study or training, may not require or request a student or prospective student to disclose or provide access to a personal social media account through a user name, password or other means of authentication.
It may not require or request a student or prospective student to access a personal social media account in the presence of an employee in a manner that enables the employee to observe its contents. It may not compel a student or prospective student to add anyone to a contact list associated with a personal social media account, or require, request, suggest or cause a change to the account's privacy settings.
It may not take or threaten action to discipline a student or bar a student from curricular or co-curricular activities, or refuse to admit a prospective student, for refusing to disclose information or take those actions.
The subdivision does not prohibit a policy that permits an investigation without access through authentication, revoking a student's access to equipment or networks the institution owns or operates, or monitoring use of the institution's computer network, and it does not apply to accounts the institution creates or provides after advance notice that they may be monitored.
When LexLint raises it
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