§ 4-131. Operators of school Internet Web sites, online services, online applications, and mobi...
West's Annotated Code of MarylandEducationEffective: June 1, 2022
Effective: June 1, 2022
MD Code, Education, § 4-131
§ 4-131. Operators of school Internet Web sites, online services, online applications, and mobile applications
(3)(i) “Operator” means an individual or an entity who engages with institutions under the school official exception of the federal Family Educational Rights and Privacy Act and is operating in accordance with a contract or an agreement with a public school or local school system in the State to provide an Internet website, an online service, an online application, or a mobile application that:
(4)(i) “Persistent unique identifier” means an identifier that can be used to identify, recognize, track, single out, or make references about a student enrolled in prekindergarten through grade 12, the parent or guardian of the student, and any other student of whom the parent or guardian has custody.
(b) This section does not apply to a general audience Internet website, general audience online service, general audience online application, or general audience mobile application, even if log-in credentials created for an operator's site, service, or application may be used to access the general audience site, service, or application.
(c) An operator shall:
(d)(1) An operator may not knowingly engage in any of the following activities with respect to the operator's site, service, or application:
(e) Notwithstanding subsection (d)(1)(iv) of this section, an operator may disclose a student's covered information:
(f) If an operator of a site, a service, or an application used for a PreK-12 school purpose is merged with or acquired by another entity, the successor entity is subject to this section for previously collected covered information.
(g) Nothing in this section prohibits an operator from:
(h)(1) Except for subsection (d)(1)(iii) of this section and subject to paragraph (2) of this subsection, nothing in subsections (d) and (e) of this section may be construed to prohibit the use or disclosure of a student's covered information by an operator.
(i) This section may not be construed to limit the authority of a law enforcement agency to obtain content or information from an operator as authorized by federal or State law or in accordance with an order of a court of competent jurisdiction.
(j) This section does not limit the ability of an operator to:
(2) Use recommendation engines to recommend to a student additional content or services relating to an educational, other learning, or employment opportunity purpose within an operator's site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party;
(k) This section may not be construed to prohibit an operator of an Internet website, an online service, an online application, or a mobile application from marketing educational products directly to parents if the marketing was not a result of the use of covered information obtained by the operator through the provision of services covered under this section.
(l) This section may not be construed to impose a duty on a provider of an electronic store, a gateway, a marketplace, or any other means of purchasing or downloading software or applications to review or enforce compliance of this section.
(m) This section may not be construed to impose a duty on a provider of an interactive computer service, as defined in Chapter 5, Title 47 of the United States Code, to review or enforce compliance with this section by third-party content providers.
(n) This section may not be construed to impede the ability of students to download, export, transfer, or otherwise save or maintain their own data or documents.
Credits
Added by Acts 2015, c. 413, § 1, eff. July 1, 2015. Amended by Acts 2022, c. 163, § 1, eff. June 1, 2022; Acts 2022, c. 164, § 1, eff. June 1, 2022.
MD Code, Education, § 4-131, MD EDUC § 4-131
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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