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<ns0:ActionText>INTRODUCED</ns0:ActionText>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Addis</ns0:AuthorText>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Addis</ns0:Name>
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<ns0:Title> An act to amend Sections 22584 and 22586 of, to add Section 22586.1 to, to add Chapter 22.2.6 (commencing with Section 22587) to Division 8 of, to repeal Section 22587 of, and to repeal and add Section 22585 of, the Business and Professions Code, relating to privacy.</ns0:Title>
<ns0:RelatingClause>privacy</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Student personal information.</ns0:Subject>
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<html:p>Existing law, the K–12 Pupil Online Personal Information Protection Act (KOPIPA), generally protects the personal information of a student enrolled in a K–12 course of instruction, defined as a “pupil,” by prescribing requirements and prohibitions applicable to an operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K–12 school purposes and was designed and marketed for K–12 school purposes.</html:p>
<html:p>Existing law, the Early Learning Personal Information Protection Act (ELPIPA), generally protects the personal information of a child enrolled in a
preschool or prekindergarten course of instruction, defined as a “pupil,” by prescribing requirements and prohibitions applicable to an operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for preschool or prekindergarten purposes and was designed and marketed for preschool and prekindergarten purposes.</html:p>
<html:p>This bill would instead apply the provisions of KOPIPA and ELPIPA to an operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used for the applicable school purposes and was designed or marketed for those purposes, as specified. The bill would, among other changes to KOPIPA and ELPIPA related to protecting the personal information of students, prohibit an operator from using information, including persistent unique identifiers, created or gathered by
the operator’s site, service, or application to train a generative artificial intelligence system or service or develop an artificial intelligence system unless it is in the furtherance of the relevant type of school purpose and for the use and benefit of the school.</html:p>
<html:p>This bill would also enact the Higher Education Student Information Protection Act (HESIPA), which would generally protect the personal information of a student enrolled in a higher education institution, as defined, in a similar manner as KOPIPA and ELPIPA. The bill would make HESIPA operative on July 1, 2026.</html:p>
<html:p>This bill would authorize a pupil or student actually harmed by the noncompliance with KOPIPA, ELPIPA, or HESIPA to bring a civil action against the noncompliant operator, as prescribed.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_A64E8EA2-DED4-46CE-88B7-83B47E2EAE39">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 22584 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this chapter:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Artificial intelligence” has the same meaning as defined in Section 3110 of the Civil Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“California Consumer Privacy Act-excluded covered information” or “CCPA-excluded covered information” means covered information that is not subject to the California Consumer Privacy
Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Covered information” means personally identifiable information or materials, in any media or format that meets any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Is created or provided by a pupil, or the pupil’s parent or legal guardian, to an operator in the course of the pupil’s, parent’s, or legal guardian’s use of the operator’s site, service, or application for K–12 school purposes.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Is created or provided by an employee or agent of the school or local
educational agency to an operator.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Is gathered by an operator through the operation of a site, service, or application described in paragraph (6) and is descriptive of a pupil or otherwise identifies a pupil, including, but not limited to, information in the pupil’s educational record or email, first and last name, home address, telephone number, email address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, pupil identifiers, search activity, photographs, voice recordings, or geolocation information.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Generative artificial intelligence” has the same meaning as defined in Section 3110 of the Civil Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“K–12 school purposes” means purposes that customarily take place at the direction of the K–12 school, teacher, or local educational agency or aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between pupils, school personnel, or parents, or are for the use and benefit of the school.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Local educational agency” means a school district, county office of education, charter school, or the state special schools for the blind and the deaf.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“National assessment provider” means a person that develops, sponsors, or administers standardized tests.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Online service” includes cloud computing services, which must comply with this section if they otherwise meet the definition of an operator.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Operator” means the operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used
for K–12 school purposes and was designed or
marketed for K–12 school purposes, including a provider of digital educational software or services, including digital course books.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Pupil” means a student enrolled in a K–12 course of instruction.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“Standardized test” means a test administered in California at the expense of the test subject that meets either of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The test is used for the purposes of admission to, or class placement in, postsecondary educational institutions or their programs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The test is used for preliminary preparation for a test described in subparagraph (A).
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
“Train a generative artificial intelligence system or service” has the same meaning as defined in Section 3110 of the Civil Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An operator shall not knowingly engage in any of the following activities with respect to
the operator’s site, service, or application:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Engage in targeted advertising on the operator’s site, service, or application, or (B) target advertising on any other site, service, or
application, including via email or other direct communication to the pupil, when the targeting of the advertising is based upon any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator’s site, service, or application described in paragraph (6) of subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to amass a profile about a pupil enrolled in a local educational agency, except in furtherance of K–12 school purposes.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Sell a pupil’s information, including information, unless the sale meets either of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The sale is for the purchase, merger, or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this section with respect to previously acquired pupil information.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The sale is made by a national assessment provider to a K–12 school, local educational agency, or higher education institution, as defined in Section 22587, solely for assessment, admissions, or other K–12 school purposes or higher education purposes, as
defined in Section 22587, for the benefit and use of the receiving institution.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Disclose covered information unless the disclosure meets any of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The disclosure is in furtherance of the K–12 purpose of the site, service, or application and
the recipient of the covered information disclosed pursuant to this subparagraph meets both of the following criteria:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The recipient does not further disclose the information unless done to allow or improve operability and functionality within that pupil’s classroom or school.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The recipient is legally required to comply with subdivision (d).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The disclosure is to ensure legal and regulatory
compliance.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The disclosure is to respond to or participate in judicial process.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The disclosure is to protect the safety of users or others or security of the
site.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The disclosure is to a service provider, and the operator contractually (i) prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator, (ii) prohibits the service provider from disclosing any covered information provided by the operator with subsequent third parties, and (iii) requires the service provider to implement and maintain reasonable security procedures and practices as provided in subdivision
(d).
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
By a national assessment provider to a K–12 school, local educational agency, or higher education institution, as defined in Section 22587, solely for assessment, admissions, or other K–12 school purposes or higher education purposes, as defined in Section 22587, for the benefit and use of the receiving institution.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application to train a generative artificial intelligence system or service or develop an artificial intelligence system unless it is in the furtherance of a K–12 school purpose and for the use and benefit of the school.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Collect, use, retain, or disclose covered information relating to a pupil’s
reproductive or sexual health, immigration status, or sexual orientation or gender identity, except if both of the following are true:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The covered information is relevant and limited to what is necessary in relation to a K–12 school purpose and for the use and benefit of the school.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the case of disclosure to third parties, the disclosure is strictly necessary to further the purpose described in subparagraph (A).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Subdivision (b) does not prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An operator shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Implement
and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Delete a pupil’s covered information if the school or local educational agency requests deletion of data under the control of the school or local educational agency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph does not require the deletion of pupil records held by a national assessment provider and that only include standardized test results.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Delete a pupil’s CCPA-excluded covered information under the operator’s control if a pupil’s parent or guardian or, in the case of a former pupil who is 18 years of age or older, the pupil requests an operator to delete the covered
information under the operator’s control if the pupil has been no longer enrolled in the local educational agency for at least 60 days.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Before deleting any information described in subparagraph (A), the operator shall require documentation that the pupil is no longer enrolled in the local educational agency.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This paragraph does not require deletion of mandatory permanent pupil records, described in Section 430 of Title 5 of the California Code of Regulations, or any official records or files directly related to a pupil and maintained by the operator, school, or local educational agency, including, but not limited to, records of achievement and results of evaluative tests or records encompassing all of the material kept in the pupil’s cumulative folder that is
maintained by the school or local educational agency, including, but not limited to, general identifying data, records of attendance and of academic work completed, health data, disciplinary status, test protocols, individualized education programs, or pupil records held by a national assessment provider and that only include standardized test results.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Subject to subparagraph (B), retain covered information only as long as reasonably necessary to fulfill the specific purpose for which the information was collected and delete the information using reasonable measures to protect against unauthorized access to, or use or disclosure of, the information in connection with its deletion when the specific purpose for which the information was collected is accomplished.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph does not require deletion of mandatory permanent pupil records, described in Section 430 of Title 5 of the California Code of Regulations, or any official records or files directly related to a pupil and maintained by the operator, school, or local educational agency, including, but not limited to, records of achievement and results of evaluative tests or records encompassing all of the material kept in the pupil’s cumulative folder that is maintained by the school or local educational agency, including, but not limited to, general identifying data, records of attendance and of academic work completed, health data, disciplinary status, test protocols, individualized education programs, or pupil records held by a national assessment provider that include only standardized test results.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Establish, implement, and maintain a written data retention policy, which shall be made available upon request to a pupil, parent, or K–12 personnel that states the purposes for which covered information is collected, the purpose for retaining the information, and a timeframe for deleting the information pursuant to paragraph (4).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding paragraph (4) of subdivision (b), an operator may disclose covered information of a pupil, as long as paragraphs (1) to (3), inclusive, of subdivision (b) are not violated, under the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If other provisions of federal or state law require the operator to disclose the information, and the operator complies with the requirements of federal and state law in protecting and disclosing that information.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For legitimate research purposes: (A) as required by state or federal law and subject to the restrictions under applicable state and federal law or (B) as allowed by state or federal law and under the direction of a local educational agency or state department of education, if no covered information is used for any purpose in furtherance of advertising or to amass a profile on the pupil for purposes other than K–12 school purposes.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
To a state or local educational agency, including schools of local educational agencies, for K–12 school purposes, as permitted by state or federal law.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section does not prohibit an operator from using deidentified pupil covered information as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Within the operator’s site, service, or application or
other sites, services, or applications owned by the operator to improve educational products.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To demonstrate the effectiveness of the operator’s products or services, including in their marketing.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section does not prohibit an operator from sharing aggregated deidentified pupil covered information for the development and improvement of educational sites, services, or applications.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section does not limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section does not limit the ability of an operator to use pupil data, including covered information, for adaptive learning or customized pupil
learning purposes.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section does not apply to general audience internet websites, general audience online services, general audience online applications, or general audience mobile applications that are not designed or marketed for K–12 school purposes, even if login credentials created for an operator’s site, service, or application may be used to access those general audience sites, services, or applications.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section does not limit internet service providers from providing internet connectivity to schools or pupils and their families.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
This section does not prohibit an operator of an
internet website, online service, online application, or mobile application from marketing educational products directly to parents so long as the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
This section does not impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance of this section on those applications or software.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
This section does not impose a duty upon a provider of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, to review or enforce compliance with this section by third-party content providers.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
This section does not impede the
ability of pupils to download, export, or otherwise save or maintain their own pupil-created data or documents.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
This section shall not be interpreted to limit or supersede any rights or requirements under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), and any rules or regulations promulgated pursuant to those laws.
</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 22585 of the
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is repealed.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 22585 is added to the
<ns0:DocName>Business and Professions Code</ns0:DocName>
, to read:
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<html:p>
(a)
<html:span class="EnSpace"/>
A pupil, or the pupil’s parent or guardian, who suffers actual damages as a result of an operator’s failure to comply with this chapter may, subject to subdivisions (b) to (e), inclusive, bring an action on that person’s behalf and on behalf of a similarly situated class of pupils against that operator to recover or obtain any of the following relief:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The greater of actual damages or five hundred dollars ($500) per plaintiff, per violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Injunctive relief.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Punitive damages.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Reasonable attorney’s fees and costs.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At least 45 days before bringing an action pursuant to this section, a pupil shall do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Provide written notice to the operator alleged to have violated this chapter regarding the nature of the alleged violations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Demand that the operator correct and remedy the alleged violations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The notice required by this subdivision shall be sent by certified or registered mail, return receipt requested, to the operator’s address on file with the state or to the operator’s principal place of business within the state.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An action pursuant to this section brought by a pupil only on that pupil’s behalf shall not be maintained upon a showing by
an operator that an appropriate correction and remedy has been made, or agreed to be made within a reasonable time, to the pupil within 30 days after receipt of the notice required by subdivision (b).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An action pursuant to this section brought by a pupil on both the pupil’s behalf and on behalf of a similarly situated class of pupils shall not be maintained upon a showing by an operator that all of the following are true:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Any pupil similarly situated has been identified, or a reasonable effort to identify the pupil has been made.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any similarly situated pupil identified has been made, notified that, upon the pupil’s request, the operator shall make the appropriate correction and remedy.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The correction and remedy requested by the pupil has
been made, or in a reasonable time will be made.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The operator has ceased, or will cease within a reasonable time, violating this chapter.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Attempts to comply with a demand described in subdivision (b) by an operator shall be deemed an offer to compromise and shall be inadmissible under Section 1152 of the Evidence Code and shall not be deemed an admission of violating this chapter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A defendant may introduce evidence of compliance or attempts to comply with this section for the purpose of establishing good faith or to show compliance with this chapter.
</html:p>
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</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_2AF5102A-72B7-421B-B787-86C06E5DA08D">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'22.2.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'22586.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 22586 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B888450B-BB3B-47EF-A6CE-384185D0C257">
<ns0:Num>22586.</ns0:Num>
<ns0:LawSectionVersion id="id_2B440138-C9E0-432F-A26F-FEA09C15AD24">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this chapter:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Artificial intelligence” has the same meaning as defined in Section 3110 of the Civil Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“California Consumer Privacy Act-excluded covered information” or “CCPA-excluded covered information” means covered information that is not subject to the California Consumer Privacy
Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Covered information” means personally identifiable information or materials, in any media or format that meets any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Is created or provided by a pupil, or the pupil’s parent or legal guardian, to an operator in the course of the pupil’s, parent’s, or legal guardian’s use of the operator’s site, service, or application for preschool and prekindergarten purposes.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Is created or provided by an employee or agent of
the preschool, prekindergarten, school district, local educational agency, or county office of education, to an operator.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Is gathered by an operator through the operation of a site, service, or application described in paragraph (4), and is descriptive of a pupil or otherwise identifies a pupil, including, but not limited to, information in the pupil’s educational record or email, first and last name, home address, telephone number, email address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, pupil identifiers, search activity, photographs, voice recordings, or geolocation information.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Generative artificial intelligence” has the same meaning as defined in Section 3110 of the Civil Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Online service” includes cloud computing services, which must comply with this section if they otherwise meet the definition of an operator.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Operator” means the operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used for preschool or prekindergarten purposes and was designed and marketed for preschool and prekindergarten purposes, including a provider of digital educational software or services, including digital course books.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Preschool or prekindergarten purposes” means purposes that customarily take place at the direction of the preschool, prekindergarten, teacher, or school district, or aid in the administration of preschool or prekindergarten activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between pupils, preschool or prekindergarten personnel, or parents, or are for the use and benefit of the preschool or prekindergarten.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Pupil” means a child enrolled in a preschool or prekindergarten course of instruction.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Train a generative artificial intelligence system or service” has the same meaning as defined in Section 3110 of the Civil Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An operator shall not knowingly engage in any of the following activities with respect to
the operator’s site, service, or application:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Engage in targeted advertising on the operator’s site, service, or application.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Target advertising on any other site, service, or application, including via email or other direct communication to the pupil when the targeting of the advertising is based upon any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator’s site, service, or application described in paragraph (4) of subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Use
information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to amass a profile about a pupil, except in furtherance of preschool or prekindergarten purposes.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Sell a pupil’s information, including covered information. This prohibition does not apply to the purchase, merger, or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this section with respect to previously acquired pupil information.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Disclose covered information unless the disclosure meets any of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The disclosure is in furtherance of the preschool and prekindergarten purposes of the site, service, or application, and the recipient of the covered information disclosed pursuant to this subparagraph meets both of the following criteria:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The
recipient does not further disclose the information unless done to allow or improve operability and functionality within that pupil’s preschool or prekindergarten.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The recipient is legally required to comply with subdivision (d).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The disclosure is to ensure legal and
regulatory compliance.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The disclosure is to respond to or participate in a judicial process.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The disclosure is to protect
the safety of users or others or security of the site.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The disclosure is to a service provider, provided the operator contractually (i) prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator, (ii) prohibits the service provider from disclosing any covered information provided by the operator with subsequent third parties, and (iii) requires the service provider to implement and maintain reasonable security procedures and practices as provided in
subdivision (d).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application to train a generative artificial intelligence system or service or develop an artificial intelligence system unless it is in the furtherance of preschool or prekindergarten purposes and for the use and benefit of the preschool or prekindergarten.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Collect, use, retain, or disclose covered information relating to a pupil’s reproductive or sexual health, immigration status, or sexual orientation or gender identity, except if both of the following are true:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The covered information is relevant and limited to what is necessary in relation to preschool or prekindergarten purposes and for
the use and benefit of the preschool or prekindergarten.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the case of disclosure to third parties, the disclosure is strictly necessary to further the purpose described in subparagraph (A).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Subdivision (b) does not prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An operator shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Delete a
pupil’s covered information if the preschool, prekindergarten, or district requests deletion of data under the control of the preschool, prekindergarten, or district.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Delete a pupil’s CCPA-excluded covered information under the operator’s control if a pupil’s parent, guardian, or education rights holder or, in the case of a former pupil 18 years of age or older, the pupil requests an operator to delete the covered information under the operator’s control if the pupil has been no longer enrolled in the preschool, prekindergarten, or district for at least 60 days.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Before deleting any information described in subparagraph (A), the operator shall require documentation that the pupil is no longer enrolled in the preschool, prekindergarten, or district.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Subject to subparagraph (B), retain covered information only as long as reasonably necessary to fulfill the specific purpose for which the information was collected and delete the information using reasonable measures to protect against unauthorized access to, or use or disclosure of, the information in connection with its deletion when the specific purpose for which the information was collected is accomplished.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph does not require deletion of mandatory permanent pupil records, described in Section 430 of Title 5 of the California Code of Regulations, or any official records or files directly related to a pupil and maintained by the operator, school, or local educational agency, including, but not limited to, records of achievement and results of evaluative tests or records encompassing all of the material kept in the pupil’s cumulative
folder that is maintained by the school or local educational agency, including, but not limited to, general identifying data, records of attendance and of academic work completed, health data, disciplinary status, test protocols, individualized education programs, or pupil records held by a national assessment provider that include only standardized test results.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Establish, implement, and maintain a written data retention policy, which shall be made available upon request to a pupil, parent, or preschool or prekindergarten personnel that states the purposes for which covered information is collected, the purpose for retaining the information, and a timeframe for deleting the information pursuant to paragraph (4).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding paragraph (4) of subdivision (b), an operator may disclose covered information of a pupil, as long as paragraphs (1) to
(3), inclusive, of subdivision (b) are not violated, under the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If other provisions of federal or state law require the operator to disclose the information, and the operator complies with the requirements of federal and state law in protecting and disclosing that information.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For legitimate research purposes: (A) as required by state or federal law and subject to the restrictions under applicable state and federal law or (B) as allowed by state or federal law and under the direction of a preschool, prekindergarten, school district, or state department of education, if no covered information is used for any purpose in furtherance of advertising or to amass a profile on the pupil for purposes other than preschool and prekindergarten purposes.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
To a state or local educational agency,
including preschools, prekindergartens, and school districts, for preschool and prekindergarten purposes, as permitted by state or federal law.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section does not prohibit an operator from using deidentified pupil covered information as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Within the operator’s site, service, or application or other sites, services, or applications owned by the operator to improve educational products.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To demonstrate the effectiveness of the operator’s products or services, including in their marketing.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section does not prohibit an operator from sharing aggregated deidentified pupil covered information for the development and improvement of educational sites, services, or applications.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section does not limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section does not limit the ability of an operator to use a pupil’s data, including covered information, for adaptive learning or customized early learning purposes.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section does not apply to general audience internet websites, general audience online services, general audience online applications, or general audience mobile applications that are not designed or marketed for preschool or prekindergarten purposes, even if login credentials
created for an operator’s site, service, or application may be used to access those general audience sites, services, or applications.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section does not limit internet service providers from providing internet connectivity to preschools, prekindergartens, or pupils and their families.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
This section does not prohibit an operator of an internet website, online service, online application, or mobile application from marketing educational products directly to parents so long as the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
This section does not impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to
review or enforce compliance of this section on those applications or software.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
This section does not impose a duty upon a provider of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, to review or enforce compliance with this section by third-party content providers.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
This section does not impede the ability of pupils to download, export, or otherwise save or maintain their own personally created data or documents.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
This section shall not be interpreted to limit or supersede any rights or requirements under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), and any rules or regulations promulgated pursuant to those laws.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_CD4A6503-A49E-4E59-BA37-90620AB7AB18">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'22586.1'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 22586.1 is added to the
<ns0:DocName>Business and Professions Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6E041CF7-A33E-48EC-AB90-712409AD6D7D">
<ns0:Num>22586.1.</ns0:Num>
<ns0:LawSectionVersion id="id_16E5F37F-6D78-46A2-A942-4A055446B5A7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A pupil, or the pupil’s parent or guardian, who suffers actual damages as a result of an operator’s failure to comply with this chapter may, subject to subdivisions (b) to (e), inclusive, bring an action on that person’s behalf and on behalf of a similarly situated class of pupils against that operator to recover or obtain any of the following relief:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The greater of actual damages or five hundred dollars ($500) per plaintiff, per violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Injunctive relief.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Punitive damages.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Reasonable attorney’s fees and costs.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At least 45 days before bringing an action pursuant to this section, a pupil shall do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Provide written notice to the operator alleged to have violated this chapter regarding the nature of the alleged violations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Demand that the operator correct and remedy the alleged violations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The notice required by this subdivision shall be sent by certified or registered mail, return receipt requested, to the operator’s address on file with the state or to the operator’s principal place of business within the state.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An action pursuant to this section brought by a pupil only on that pupil’s behalf shall not be maintained upon a showing by
an operator that an appropriate correction and remedy has been made, or agreed to be made within a reasonable time, to the pupil within 30 days after receipt of the notice required by subdivision (b).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An action pursuant to this section brought by a pupil on both the pupil’s behalf and on behalf of a similarly situated class of pupils shall not be maintained upon a showing by an operator that all of the following are true:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Any pupil similarly situated has been identified, or a reasonable effort to identify the pupil has been made.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any similarly situated pupil identified has been notified that, upon the pupil’s request, the operator shall make the appropriate correction and remedy.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The correction and remedy requested by the pupil has been
made, or in a reasonable time will be made.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The operator has ceased, or will cease within a reasonable time, violating this chapter.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Attempts to comply with a demand described in subdivision (b) by an operator shall be deemed an offer to compromise and shall be inadmissible under Section 1152 of the Evidence Code and shall not be deemed an admission of violating this chapter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A defendant may introduce evidence of compliance or attempts to comply with this section for the purpose of establishing good faith or to show compliance with this chapter.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_29BE7FE5-747D-4005-B013-EBF4D3759E61">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'22.2.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'22587.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 22587 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is repealed.
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</ns0:BillSection>
<ns0:BillSection id="id_2B7AAEBC-1BAB-48CC-9E6F-0EE067D45EA7">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'22.2.6.'%5D)" ns3:label="fractionType: LAW_SPREAD||commencingWith: 22587" ns3:type="locator">
Chapter 22.2.6 (commencing with Section 22587) is added to Division 8 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawHeading id="id_450D306A-D34E-481D-9C51-7406EA1F8E43" type="CHAPTER">
<ns0:Num>22.2.6.</ns0:Num>
<ns0:LawHeadingVersion id="id_5A307720-409F-4B92-8148-9B70889203C1">
<ns0:LawHeadingText>Higher Education Student Information Protection Act</ns0:LawHeadingText>
</ns0:LawHeadingVersion>
<ns0:LawSection id="id_669944F8-F5A8-42DD-978C-74B6D2072206">
<ns0:Num>22587.</ns0:Num>
<ns0:LawSectionVersion id="id_86CC9DAD-05F6-4087-885B-9D41D9A26BE0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this chapter:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Artificial intelligence” has the same meaning as defined in Section 3110 of the Civil Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“California Consumer Privacy Act-excluded covered information” or “CCPA-excluded covered information” means covered information that is not subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Covered information” means personally identifiable information or materials, in any media or format, that is any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Created or provided by a student to an operator in the course of the student’s use of the operator’s site, service, or application for higher education purposes.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Created or provided by an employee or agent of a higher education institution to an operator.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Gathered by an operator through the operation of a site, service, or application described in paragraph (8) and is descriptive of a student, or otherwise identifies a student, including, but not limited to, information in the student’s educational record or email, first and last name, home address, telephone number, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic
information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, online search activity, photographs, voice recordings, or geolocation information.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Generative artificial intelligence” has the same meaning as defined in Section 3110 of the Civil Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Higher education institution” means a postsecondary institution, vocational program, or postgraduate program that is accredited by an accrediting agency or organization recognized by the state or the United States Department of Education.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Higher education purposes” means purposes that customarily take place at the direction of the instructor or higher education institution or aid in the administration of higher education institution activities, including, but not limited to, instruction in the
classroom or at home, administrative activities, and collaboration between students and higher education institution personnel or are for the use and benefit of the higher education institution.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“National assessment provider” means a person that develops, sponsors, or administers standardized tests.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Online service” includes a cloud computing service, which shall comply with this section if it is an operator.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Operator” means the operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used for higher educational purposes and was designed and marketed for higher educational purposes, including a provider of digital educational software or services, including digital course books.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Student” means a student enrolled in a higher education institution.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“Train a generative artificial intelligence system or service” has the same meaning as defined in Section 3110 of the Civil Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An operator shall not knowingly engage in any of the following activities with respect to the operator’s site, service, or application:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Engage in targeted advertising on the operator’s site, service, or application, or (B) target advertising on any other site, service, or application, including via email or other direct communication to the student, when the targeting of the advertising is based upon any information, including covered information and persistent unique identifiers, that the operator has acquired
because of the use of that operator’s site, service, or application described in paragraph (6) of subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to amass a profile about a student, unless it is in the furtherance of higher education purposes.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to train a generative artificial intelligence system or service or develop an artificial intelligence system, unless it is in the furtherance of higher educational purposes and for the use and benefit of the higher education institution.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Sell a student’s information, including covered information, unless the sale meets either of the following
criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The sale is for the purchase, merger, or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this section with respect to previously acquired student information.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The sale is made by a national assessment provider to a K–12 school, local educational agency, or higher education institution solely for assessment, admissions, or other K–12 school purposes or higher education purposes for the benefit and use of the receiving institution.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Disclose covered information unless the disclosure meets any of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The disclosure is in furtherance of the higher education purposes of the site, service, or application, and the
recipient of the covered information disclosed pursuant to this subparagraph meets both of the following criteria:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The recipient does not further disclose the information unless done to allow or improve operability and functionality within that student’s higher education institution.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The recipient is legally required to comply with subdivision (d).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The disclosure is to ensure legal and regulatory compliance.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The disclosure is to respond to or participate in judicial process.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The disclosure is to protect the safety of users or others or security of the site.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The disclosure is to a service provider,
provided the operator contractually (i) prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator, (ii) prohibits the service provider from disclosing any covered information provided by the operator with subsequent third parties, and (iii) requires the service provider to implement and maintain reasonable security procedures and practices as provided in subdivision (d).
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The disclosure is by a national assessment provider to a higher education institution, or K–12 school or local educational agency, as defined in Section 22584, solely for assessment, admissions, or other higher education purposes or K–12 school purposes, as defined in Section 22584, for the use and benefit of the receiving institution.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The disclosure is for legitimate research purposes under the direction
of a higher education institution or state department of education and covered information is not used for advertising or to amass a profile on the student for purposes other than higher education purposes.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The disclosure is to a state agency or higher education institution, including schools of local educational agencies, for higher education purposes.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application to train a generative artificial intelligence system or service or develop an artificial intelligence system unless it is in the furtherance of a K–12 school purpose and for the use and benefit of a school.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Subdivision (b) does not prohibit the operator’s use of information for maintaining, developing, supporting, improving, or
diagnosing the operator’s site, service, or application.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An operator shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Delete a student’s covered information if the higher education institution requests deletion of data under the control of the higher education institution.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Delete a student’s CCPA-excluded covered information under the operator’s control if a student or, if the student is under 18 years of age, the student’s parent or guardian or education rights holder requests an operator to delete the
covered information under the operator’s control if the student has been no longer enrolled in the higher education institution for at least 60 days.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Before deleting any information described in subparagraph (A), the operator shall require documentation that the student is no longer enrolled in the higher education institution.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Subject to subparagraph (B), retain covered information only as long as reasonably necessary to fulfill the specific purpose for which the information was collected and delete the information using reasonable measures to protect against unauthorized access to, or use or disclosure of, the information in connection with its deletion when the specific purpose for which the information was collected is accomplished.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph does not require deletion of
mandatory permanent student records, described in Section 430 of Title 5 of the California Code of Regulations, or any official records or files directly related to a student and maintained by the operator or higher education institution, including, but not limited to, records of achievement and results of evaluative tests or records encompassing all of the material kept in the pupil’s cumulative folder that is maintained by the higher education institution, including, but not limited to, general identifying data, records of attendance and of academic work completed, health data, disciplinary status, test protocols, individualized education programs, or student records held by a national assessment provider that include only standardized test results.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Establish, implement, and maintain a written data retention policy, which shall be made available upon request to a student or higher education personnel that states the purposes for which
covered information is collected, the purpose for retaining the information, and a timeframe for deleting the information pursuant to paragraph (4).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section does not prohibit an operator from using deidentified student covered information for either of the following purposes:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Within the operator’s site, service, or application or other sites, services, or applications owned by the operator to improve educational products.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To demonstrate the effectiveness of the operator’s products or services, including in the operator’s marketing.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section does not prohibit an operator from sharing aggregated deidentified student covered information for the development and improvement of educational sites, services, or applications.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section does not limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section does not limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section does not apply to general audience internet websites, general audience online services, general audience online applications, or general audience mobile applications that are not designed or marketed for a higher education purpose, even if login credentials created for an operator’s site, service, or application may be used to access those general audience sites, services, or applications.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section does not limit internet service providers from providing internet connectivity to higher education institutions or students.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section does not impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance of this section on those applications or software.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
This section does not impose a duty upon a provider of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, to review or enforce compliance with this section by third-party content providers.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
This section does not impede the ability of students to download, export, or otherwise save or maintain their own
student-created data or documents.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
This section shall not be interpreted to limit or supersede any rights or requirements under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), and any rules or regulations promulgated pursuant to those laws.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_146A6B63-D517-4074-AB95-AE13C0F2B23D">
<ns0:Num>22587.1.</ns0:Num>
<ns0:LawSectionVersion id="id_46B8903E-E00A-42D2-BFE9-6D4097CC6E60">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A student, or the student’s parent or guardian, who suffers actual damages as a result of an operator’s failure to comply with this chapter may, subject to subdivisions (b) to (e), inclusive, bring an action on that person’s behalf and on behalf of a similarly situated class of students against that operator to recover or obtain any of the following relief:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The greater of actual damages or five hundred dollars ($500) per plaintiff, per violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Injunctive relief.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Punitive damages.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Reasonable attorney’s fees and costs.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At least 45 days before bringing an action pursuant to this section, a student shall do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Provide written notice to the operator alleged to have violated this chapter regarding the nature of the alleged violations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Demand that the operator correct and remedy the alleged violations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The notice required by this subdivision shall be sent by certified or registered mail, return receipt requested, to the operator’s address on file with the state or to the operator’s principal place of business within the state.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An action pursuant to this section brought by a student only on that student’s behalf shall not be maintained upon a
showing by an operator that an appropriate correction and remedy has been made, or agreed to be made within a reasonable time, to the student within 30 days after receipt of the notice required by subdivision (b).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An action pursuant to this section brought by a student on both the student’s behalf and on behalf of a similarly situated class of students shall not be maintained upon a showing by an operator that all of the following are true:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Any student similarly situated has been identified, or a reasonable effort to identify the student has been made.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any similarly situated student identified has been notified that, upon the student’s request, the operator shall make the appropriate correction and remedy.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The correction and remedy
requested by the student has been made, or in a reasonable time will be made.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The operator has ceased, or will cease within a reasonable time, violating this chapter.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Attempts to comply with a demand described in subdivision (b) by an operator shall be deemed an offer to compromise and shall be inadmissible under Section 1152 of the Evidence Code and shall not be deemed an admission of violating this chapter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A defendant may introduce evidence of compliance or attempts to comply with this section for the purpose of establishing good faith or to show compliance with this chapter.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_709AB76C-9645-4F72-8C8D-066685F93702">
<ns0:Num>22587.2.</ns0:Num>
<ns0:LawSectionVersion id="id_B00AF273-59EE-4D14-B4F5-A0C4F237DCA1">
<ns0:Content>
<html:p>This chapter shall become operative on July 1, 2026.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:LawHeading>
</ns0:Fragment>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>
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