Law / United States /
Rhode Island
Student social media privacy: an educational institution may not require a student or applicant to reveal or open a personal social media account
R.I. Gen. Laws secs. 16-103-1 to 16-103-6
In force since .
A sensitive categories rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- If you are an educational institution in Rhode Island, public or private, or act as its agent, do not require, coerce or request a student or prospective student to disclose the password or any other means for accessing a personal social media account, or to access one in the presence of an employee or representative of the institution (section 16-103-2(1) and (2)).
- Do not require or coerce a student or prospective student to divulge any personal social media account information (section 16-103-2(3)).
- Do not compel a student or applicant, as a condition of acceptance or participation in curricular or extracurricular activities, to add anyone, including a coach, teacher, school administrator or other school employee or volunteer, to a list of contacts on a personal social media account, and do not require, request or cause a student or applicant to alter settings that affect a third party's ability to view the account's contents (section 16-103-3).
- Do not discharge, discipline or otherwise penalize a student, or refuse to admit an applicant, for refusing to disclose or provide access to the information that sections 16-103-2 and 16-103-3 cover (section 16-103-4).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Sections 16-103-2 to 16-103-4 bar an educational institution from requiring access to a student's personal social media account or penalizing a refusal. They name no log, record or retention period, so no logging duty is coded.
- Kind
- None
- As of
What this law does
Section 16-103-2 of the Rhode Island General Laws bars an educational institution from requiring, coercing or requesting a student or prospective student to disclose the password or any other means for accessing a personal social media account, or to access one in the presence of an employee or representative of the institution.
Section 16-103-2(3) of the Rhode Island General Laws bars an educational institution from requiring or coercing a student or prospective student to divulge any personal social media account information.
Section 16-103-3 of the Rhode Island General Laws bars an educational institution from compelling a student or applicant, as a condition of acceptance or participation in curricular or extracurricular activities, to add anyone, including a coach, teacher, school administrator, or other school employee or school volunteer, to a list of contacts associated with a personal social media account.
Section 16-103-3 of the Rhode Island General Laws also bars an educational institution from requiring, requesting or causing a student or applicant to alter settings that affect a third party's ability to view the contents of a personal social media account.
Section 16-103-4 of the Rhode Island General Laws bars an educational institution from discharging, disciplining or otherwise penalizing a student, or refusing to admit an applicant, for refusing to disclose or provide access to the information that sections 16-103-2 and 16-103-3 cover.
Section 16-103-1(3) of the Rhode Island General Laws defines an educational institution as a private or public institution that offers participants, students, or trainees an organized course of study or training, and includes any person acting as an agent of the institution.
Section 16-103-1(1) of the Rhode Island General Laws excludes from the definition of a social media account an account opened at a school's behest, or provided by the school, or intended to be used primarily on behalf of the school. Section 16-103-5 of the Rhode Island General Laws provides that chapter 103 of title 16 does not apply to information about a student that is publicly available.
Section 16-103-6 of the Rhode Island General Laws lets a court award a prevailing applicant or student declaratory relief, damages, and reasonable attorneys' fees and costs, and award injunctive relief against a school or agent of an educational institution that commits or proposes to commit a violation. Chapter 103 of title 16 of the Rhode Island General Laws was added by Public Law 2014, chapter 188, section 1, enacted on . The 2014 act that added the student social media privacy chapter takes effect upon passage.
When LexLint raises it
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