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SB 662 — Student Online Personal Information Protection
by Senators Bradley and Garcia
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Judiciary Committee (JU)
The bill creates the Student Online Personal Information Protection Act, which substantially restricts the operator of a website, online service, or online application that is used for K-12 school purposes from collecting, disclosing, or selling student data, or from using student data to engage in targeted advertising.
The bill prohibits operators from knowingly:
- Engaging in targeted advertising based on any information, including persistent unique identifiers, acquired through the use of their educational technology.
- Using any information, including persistent unique identifiers, gathered through their educational technology to create profiles of students, except for K-12 school purposes.
- Sharing, selling, or renting student information to third parties.
- Disclosing certain covered information, except under specified circumstances.
The bill requires operators to:
- Collect no more covered information than reasonably necessary to operate the educational technology.
- Implement and maintain reasonable security procedures and practices to protect covered information.
- Delete a student’s covered information no later than 90 days after the conclusion of a course or program, if requested by the K-12 school or school district, unless a student or a parent or guardian consents to its maintenance.
The bill allows operators to disclose covered information if:
- Federal or state law requires disclosure.
- It is disclosed for legitimate research purposes, if not used for targeted advertising or profiling for purposes other than K-12 school purposes.
- It is disclosed to a state or local educational agency, including K-12 schools and school districts, for K-12 school purposes.
A violation of the bill is a deceptive and unfair trade practice and constitutes a violation of the Florida Deceptive and Unfair Trade Practices Act. However, the Department of Legal Affairs is the sole entity authorized to bring an enforcement action against an entity that violates the bill.
If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions take effect July 1, 2023.
Vote: Senate 38-0; House 118-0