105 ILCS 85/1
Short title
Short title. This Act may be cited as the Student Online Personal Protection Act. (Source: P.A. 100-315, eff. 8-24-17.)
Illinois Compiled Statutes 105 ILCS 85 — Student Online Personal Protection Act.
Illinois · statute · 105 ILCS 85 · 16 active provisions
105 ILCS 85/3
Legislative intent
Legislative intent. Schools today are increasingly using a wide range of beneficial online services and other technologies to help students learn, but concerns have been raised about whether sufficient safeguards exist to protect the privacy and security of data about students when it is collected by educational techno…
105 ILCS 85/5
Definitions
Definitions. In this Act: "Breach" means the unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of covered information maintained by an operator or school. "Breach" does not include the good faith acquisition of personal information by an employee or agent of an o…
105 ILCS 85/10
Operator prohibitions
Operator prohibitions. An operator shall not knowingly do any of the following: (1) Engage in targeted advertising on the operator's site, service, or application or target advertising on any other site, service, or application if the targeting of the advertising is based on any information, including covered informati…
105 ILCS 85/15
Operator duties
Operator duties. An operator shall do the following: (1) Implement and maintain reasonable security procedures and practices that otherwise meet or exceed industry standards designed to protect covered information from unauthorized access, destruction, use, modification, or disclosure. (2) Delete, within a reasonable t…
105 ILCS 85/20
Permissive use or disclosure
Permissive use or disclosure. An operator may use or disclose covered information of a student under the following circumstances: (1) 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 d…
105 ILCS 85/25
Operator actions that are not prohibited
Operator actions that are not prohibited. This Act does not prohibit an operator from doing any of the following: (1) Using covered information to improve educational products if that information is not associated with an identified student within the operator's site, service, or application or other sites, services, o…
105 ILCS 85/26
School prohibitions
School prohibitions. A school may not do either of the following: (1) Sell, rent, lease, or trade covered information. (2) Share, transfer, disclose, or provide access to a student's covered information to an entity or individual, other than the student's parent, school personnel, appointed or elected school board memb…
105 ILCS 85/27
School duties
School duties. (a) Each school shall post and maintain on its website or, if the school does not maintain a website, make available for inspection by the general public at its administrative office all of the following information: (1) An explanation, that is clear and understandable by a layperson, of the data element…
105 ILCS 85/28
State Board duties
State Board duties. (a) The State Board may not sell, rent, lease, or trade covered information. (b) Except for an employee of the State Board or a State Board official acting within his or her official capacity, the State Board may not share, transfer, disclose, or provide covered information to an entity or individua…
105 ILCS 85/30
Applicability
Applicability. This Act does not do any of the following: (1) Limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or under a court order. (2) Limit the ability of an operator to use student data, including covered information, for adaptive learning…
105 ILCS 85/33
Parent and student rights
Parent and student rights. (a) A student's covered information shall be collected only for K through 12 school purposes and not further processed in a manner that is incompatible with those purposes. (b) A student's covered information shall only be adequate, relevant, and limited to what is necessary in relation to th…
105 ILCS 85/35
Enforcement
Enforcement. Violations of this Act shall constitute unlawful practices for which the Attorney General may take appropriate action under the Consumer Fraud and Deceptive Business Practices Act. (Source: P.A. 100-315, eff. 8-24-17.)
105 ILCS 85/40
Severability
Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 100-315, eff. 8-24-17.)
105 ILCS 85/50
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 100-315, eff. 8-24-17; text omitted.)
105 ILCS 85/99
Effective date
Effective date. This Act takes effect upon becoming law. (Source: P.A. 100-315, eff. 8-24-17.)