Law / United States / 
Tennessee
Student data governance: written consent before collecting student biometric data
In force since .
A biometric privacy rule binding public and private bodies.
- Obligation class
- Consent, Biometric
- Audit expectation
- none
What it requires
- If you are a state agency or an educational institution, obtain written consent from the student's parent or guardian, or from the student if the student is eighteen or older, before collecting any individual student biometric data, unless state or federal law explicitly mandates the collection (section 49-1-706(a)).
- Obtain the same written consent before collecting student data relative to analysis of facial expressions, EEG brain wave patterns, skin conductance, galvanic skin response, heart-rate variability, pulse, blood volume, posture or eye-tracking (section 49-1-706(a)).
- Do not pursue or accept a grant, from the federal government or any private entity, that requires collecting or reporting information in violation of the consent rule (section 49-1-706(b)).
- Do not adopt or administer a state or national student assessment that requires collecting or reporting information in violation of the consent rule (section 49-1-706(c)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 49-1-706 requires written consent before collecting student biometric data and bars grants that require collection without it. It names no log or record that must be kept, so no logging duty is coded.
- Kind
- None
- As of
What this law does
Section 49-1-706 requires a state agency or educational institution to obtain written consent from parents, or from students aged eighteen or older, before collecting any individual student biometric data, unless state or federal law explicitly mandates the collection.
Section 49-1-706 extends the consent rule to student data relative to analysis of facial expressions, EEG brain wave patterns, skin conductance, galvanic skin response, heart-rate variability, pulse, blood volume, posture and eye-tracking. Section 49-1-706 bars a state agency or educational institution from pursuing or accepting any grant that requires collecting or reporting information in violation of the consent rule.
Section 49-1-706 bars adopting or administering in Tennessee any state or national student assessment that requires collecting or reporting information in violation of the consent rule.
When LexLint raises it
When your app profile says your app serves schools or universities.
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