The Act prohibits the operator of a website, online service, online application, or mobile application from engaging in targeted advertising if the target of the advertising is based on information the operator acquired through the use of those platforms for a school purpose. (Tex. Educ. Code § 32.152(1)). Operators are also prohibited from using information to create a profile about a student, unless the profile is created for a school purpose. (Tex. Educ. Code § 32.152(2)). Operators also cannot sell or rent any student’s covered information. (Tex. Educ. § 32.152(3)).
Allowed Uses and Disclosures
The Act sets forth many allowed uses and disclosures of covered information, which primarily focus on educational uses and improvement of the educational resources. Disclosures are allowed, for example, to further a school purpose, ensure legal compliance, protect against liability, respond to or participate in the judicial process, and protect the safety or integrity of users or the platform itself. (Tex. Educ. Code § 32.153). Additionally, an operator can use covered information to improve educational products or demonstrate the effectiveness of the products if the information is not associated with an identified student. (Tex. Educ. Code § 32.154).
Requires Reasonable Security Measures
The operator must put in place and maintain reasonable security procedures and practices designed to protect covered information from unauthorized access, deletion, use, modification, or disclosure. (Tex. Educ. Code § 32.155).
If a school district requests deletion of a student’s covered information and the information is under the district’s control, the operator must delete the information no later than sixty days after the date of the request. (Tex. Educ. Code § 32.156). The operator does not have to delete the information if the student or the student’s parent consents to the operator continuing to maintain the covered information. (Id.).
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