Bill Protects Student Social Media Passwords

HB 64, enacting the Right to Privacy in the School Setting Act, just passed both houses of the Illinois General Assembly.  The bill has two separate sections, one covering social media passwords of post secondary school students and the other deals with elementary and secondary school students.  The language is similar to the employee social media password law that took effect earlier this year and is summarized below.

1.  Post Secondary Schools

 

The bill would make it unlawful for a post secondary school (college or university) to require a student to turn over his or her social media password or other account information or provide access to the student's social media account.  This ban does not, however, prohibit a post secondary school from establishing policies on the use of school computers and other electronic equipment.  It also would allow post secondary schools to monitor activities on school equipment and to access student information in the public domain.  In addition, the law does not apply when a post secondary school has reasonable cause to  believe that a student's social media site contains evidence that the student has violated a school disciplinary rule or policy.

 

2.  Elementary and Secondary Schools

 

The ban on requiring a student to turn over his or her social media password does not apply to elementary and secondary school students, although the school must notify the student and the parent or guardian prior to requiring the password and can only require the student to provide his or her password when the school has reasonable cause to  believe that a student's social media site contains evidence that the student has violated a school disciplinary rule or policy.