SPONSOR: |
Rep. Scott & Rep. Carson & Sen.
Bushweller |
|
Rep.
Brady |
HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
HOUSE BILL NO. 309 |
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION. |
WHEREAS,
social networking is illustrative of our new technologically advanced
community;
WHEREAS,
75% of American online adults ages 18 to 24 and 56% of American online adults
ages 25 to 34 have a profile on a social network site;
WHEREAS,
personal uses of social networking applications by young Americans for
maintaining community contacts and content sharing are currently more prevalent
than professional uses;
WHEREAS,
the current trend for young Americans toward using social networks as a primary
vehicle for effecting positive social and political change establishes social
networks as the new digital age “public square” for important discourse;
WHEREAS,
permitting public and nonpublic institutions of higher learning to demand that
students and applicants provide access to their social networking site profiles
and accounts could substantially chill the important discourse occurring on
social networking sites;
WHEREAS,
internet users have a reasonable expectation of privacy in their social
networking site communications and affairs;
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY
OF THE STATE OF DELAWARE:
Section 1.
Amend Title 14 of the Delaware Code by adding a new Chapter 94 by underlining as
follows:
Chapter
94. Higher Education Privacy Act.
§ 9401.
Short title.
This
enactment may be known and cited as the “Higher Education Privacy Act.”
§ 9402.
Definitions.
(1)
“Academic institution” means a public or nonpublic institution of higher
education or institution of postsecondary education.
(2) “Applicant” means a prospective student
applying for admission into the subject academic
institution.
(3) “Electronic communication device” means a cell telephone, personal
digital assistant, electronic device with mobile data access, laptop computer,
pager, broadband personal communication device, 2-way messaging device,
electronic game, or portable computing device.
(4)
“Social networking site” means an internet-based, personalized,
privacy-protected website or application whether free or commercial that allows
users to construct a private or semi-private profile site within a bounded
system, create a list of other system users who are granted reciprocal access to
the individual’s profile site, send and receive email, and share personal
content, communications, and contacts.
(5)
“Student” means a student which at all
relevant times is admitted into the academic institution whether the
student is, or is not, in good academic standing.
§
9403. Public and nonpublic academic
institution, prohibited acts.
(a) A
public or nonpublic academic institution shall not request or require that a
student or applicant disclose any password or other related account information
in order to gain access to the student’s or applicant’s social networking site
profile or account by way of an electronic communication
device.
(b) A
public or nonpublic academic institution shall not require or request that a
student or applicant log onto a social networking site, email account, or any
other internet site or application
by way of an electronic communication device in the presence of an agent
of the institution so as to provide the institution access.
(c) No
public or nonpublic academic institution shall monitor or track a student’s or
applicant’s personal electronic communication device by installation of software
upon the device, or by remotely tracking the device by using intercept
technology.
(d) No
public or nonpublic academic institution shall request or require a student or
applicant to add the employer or its representative to their personal social
networking site profile or account.
(e) A
public or nonpublic institution is prohibited from accessing a student’s or
applicant’s social networking site profile or account indirectly through any
other person who is a social networking contact of the student or
applicant.
§ 9404. Public and nonpublic academic institution; wrongful dismissal
or refusal to admit.
(a) No public or nonpublic academic institution may
discipline, dismiss or otherwise penalize or threaten to discipline, dismiss or otherwise
penalize a student for refusing to disclose any information specified in
subsection (a) or (b) of § 9403. It
shall also be unlawful for a public or nonpublic academic institution to fail or
refuse to admit any applicant as a result of the applicant’s refusal to disclose
any information specified in subsection (a) or (b) of § 9403.
Section 2. This provision of this Act shall be
effective upon its enactment into law.
§ 9405. Health and Safety exceptions.
This Act shall not apply to investigations of suspected criminal
activity performed by a public or nonpublic academic institution’s public safety
department or police agency, or to an investigation, inquiry or determination
conducted pursuant to an academic institution’s threat assessment policy or
protocol.
SYNOPSIS
Under current law there is no recognized right to privacy in a student’s or applicant’s social networking site passwords and account information. This Bill makes it unlawful for a public or nonpublic academic institution to mandate that a student or applicant disclose password or account information granting the academic institution access to the student’s or applicant’s social networking profile or account. This Bill also prohibits academic institutions from requesting that a student or applicant log onto their respective social networking site to provide the academic institution direct access to the student’s or applicant’s social networking site profile or account. It is acknowledged by the General Assembly that new technological advances in internet use and social networking require new approaches to protecting reasonable expectations of privacy in personal information. |