ORS 336.184
Oregon Student Information Protection Act

  • definitions
  • prohibitions
  • exemptions

(1)

This section shall be known and may be cited as the Oregon Student Information Protection Act.

(2)

As used in this section:

(a)

“Covered information” means personally identifiable information or materials that regard a student in this state and that are in any media or format that meet any of the following:

(A)

Are created or provided by a student, or the student’s parent or legal guardian, to an operator in the course of the student’s, parent’s or legal guardian’s use of the operator’s site, service or application for kindergarten through grade 12 purposes;

(B)

Are created for an operator or provided to an operator by an employee or agent of the kindergarten through grade 12 school, school district or education service district for kindergarten through grade 12 purposes; or

(C)

Are gathered by an operator and personally identify a student, or are linked to information that personally identifies a student, including, but not limited to:
(i)
Information in the student’s educational record or electronic mail;
(ii)
The student’s first and last name, home address, telephone number, electronic mail address or other information that allows physical or online contact; or
(iii)
The student’s discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, Social Security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photographs, voice recordings or geolocation information.

(b)

“Kindergarten through grade 12 school purposes” means purposes that:

(A)

Are directed by, or that customarily take place at the direction of, a kindergarten through grade 12 school, teacher, school district or education service district;

(B)

Aid in the administration of school activities, including instruction in the classroom or at home, administrative activities and collaboration between students, school personnel or parents; or

(C)

Are primarily for the use and benefit of the school.

(c)

“Operator” means the operator of an Internet website, online service, online application or mobile application with actual knowledge that the site, service or application:

(A)

Is used primarily for kindergarten through grade 12 school purposes; and

(B)

Was designed and marketed for kindergarten through grade 12 school purposes, to the extent that the site, service or application is operating in that capacity.

(d)

“Student” means a student in any grade from kindergarten through grade 12.

(e)

Intentionally left blank —Ed.

(A)

“Targeted advertising” means advertising presented to a student based on information obtained or inferred from the student’s online behavior, usage of applications or covered information.

(B)

“Targeted advertising” does not include advertising presented to a student:
(i)
At an online location based upon the student’s current visit to that location; or
(ii)
As a single search query, as long as the student’s online activities are not collected or retained over time.

(3)

Intentionally left blank —Ed.

(a)

An operator may not knowingly engage in any of the following activities with respect to the operator’s site, service or application:

(A)

Engage in targeted advertising on the operator’s site, service or application.

(B)

Target advertising on any other site, service or application when the targeting of the advertising is based upon any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator’s site, service or application for kindergarten through grade 12 school purposes.

(C)

Use information, including persistent unique identifiers, created or gathered by the operator’s site, service or application, to amass a profile about a student, except in furtherance of kindergarten through grade 12 school purposes.

(D)

Sell a student’s information, including covered information. The prohibition of this subparagraph does not apply to the purchase, merger or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this section with respect to previously acquired student information that is subject to this section.

(E)

Disclose covered information, unless the disclosure is made:
(i)
In furtherance of the kindergarten through grade 12 school purposes of the site, service or application, provided the recipient of the covered information:

(I)

Does not further disclose covered information, unless the disclosure is to allow or improve the operability and functionality within the student’s classroom or school; and

(II)

Is legally required to comply with the requirements of subsection (4) of this section and to not use that covered information in violation of this section;
(ii)
To ensure legal and regulatory compliance;
(iii)
To respond to or participate in the judicial process;
(iv)
To protect the safety of users or others or the security or integrity of the site; or
(v)
To a service provider, provided the operator contractually:

(I)

Prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator;

(II)

Prohibits the service provider from disclosing any covered information provided by the operator to subsequent third parties, except in furtherance of kindergarten through grade 12 school purposes of the site, service or application or for a purpose permitted by subsection (3)(a), (6) or (7) of this section; and

(III)

Requires the service provider to implement and maintain reasonable security procedures and practices as provided by subsection (4) of this section.

(b)

Nothing in this subsection shall be construed to prohibit the operator’s use of information for maintaining, developing, supporting, improving or diagnosing the operator’s site, service or application.

(4)

An operator shall:

(a)

Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information and appropriate to protect the covered information from unauthorized access, destruction, use, modification or disclosure; and

(b)

Delete a student’s covered information within a reasonable time if the school or school district requests deletion of data that is under the control of the school or school district.

(5)

Notwithstanding subsections (3)(a)(E) and (6) of this section, an operator may disclose covered information of a student if the disclosure:

(a)

Does not violate subsection (3)(a)(A) to (D) of this section;

(b)

Is required by federal or state law and the operator complies with the requirements of federal and state law in protecting and disclosing the information;

(c)

Is for legitimate research purposes that are:

(A)

Required by federal or state law and subject to the restrictions under applicable federal and state law; or

(B)

Allowed by federal or state law and made under the direction of a school, school district, education service district or the Department of Education, if the covered information is not used for any purpose in furtherance of advertising or amassing a profile on the student for purposes other than kindergarten through grade 12 school purposes; or

(d)

Is made to a state or local educational agency, including schools and school districts, for kindergarten through grade 12 school purposes as permitted by federal or state law.

(6)

Nothing in this section prohibits an operator from:

(a)

Disclosing deidentified student covered information if the disclosure is:

(A)

Within the operator’s site, service or application or other sites, services or applications owned by the operator to develop or improve educational products or services; or

(B)

Made to demonstrate the effectiveness of the operator’s products or services, including marketing for the operator’s products or services;

(b)

Sharing aggregated deidentified student covered information for the development and improvement of educational sites, services or applications;

(c)

Using student data, including covered information, for adaptive learning or customized student learning purposes; or

(d)

Responding to a student-initiated request for information or for feedback without the information or response being determined in whole or in part by payment or other consideration from a third party.

(7)

Nothing in this section shall be construed to limit the authority of:

(a)

A law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction;

(b)

An Internet service provider from providing Internet connectivity to schools or students and their families;

(c)

An operator of an Internet website, online service, online application or mobile application from marketing educational products directly to parents or legal guardians, as long as the marketing does not result from the use of covered information obtained by the operator through the provision of services covered under this section; or

(d)

Students, or the students’ parents or legal guardians, to download, transfer, export or otherwise save or maintain their own student data or documents.

(8)

Nothing in this section shall be construed to impose a duty upon:

(a)

A provider of an electronic store, gateway, marketplace or other means of purchasing or downloading software or applications to review or enforce compliance with this section by those applications or software; or

(b)

A provider of an interactive computer service to review or enforce compliance with this section by third-party content providers. As used in this paragraph, “interactive computer service” means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such services or systems operated or offered by libraries or educational institutions.

(9)

This section does not apply to general audience Internet websites, general audience online services, general audience online applications or general audience mobile applications, even if login credentials created for an operator’s site, service or application may be used to access those general audience sites, services or applications.

(10)

Violation of this section is an unlawful practice under ORS 646.607 (Unlawful business, trade practices). [2015 c.528 §2]
Note: 336.184 (Oregon Student Information Protection Act) was added to and made a part of 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.652 (District attorney’s reports to Attorney General) by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 336.184 — Oregon Student Information Protection Act; definitions; prohibitions; exemptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors336.­html.

Law Review Citations

52 WLR 451 (2016)

336.010
School month
336.012
Twelve-month class schedule optional
336.014
Providing programs outside usual classroom hours
336.029
Oregon Civics Day for Teachers
336.035
Required courses of study
336.057
Courses in Constitution and history of United States
336.059
Child sexual abuse prevention instructional program
336.067
Topics given special emphasis in instruction
336.071
Emergency drills and instruction
336.076
Advisory group regarding English language learner programs
336.079
English language learners
336.081
Opportunity to qualify to assist non-English-speaking students
336.082
Development of nondiscriminatory curriculum
336.086
Standards for curriculum described in ORS 336.082
336.092
Definitions for ORS 336.092 and 336.095
336.095
Full-day and half-day kindergarten
336.101
Early Learning Kindergarten Readiness Partnership and Innovation Program
336.104
Early Learning Kindergarten Readiness Partnership and Innovation Account
336.107
Parenting skills and child development course
336.109
Policy to reduce gang involvement, violent activities and drug abuse
336.113
Multicultural education
336.145
Adult education classes
336.175
Extended educational experiences
336.179
Recognition of student achievement
336.184
Oregon Student Information Protection Act
336.187
When school authorized to disclose information about student
336.201
Nursing services provided by district
336.204
Department assistance in funding school nursing services
336.211
Vision screenings and eye examinations
336.212
Vision Health Account
336.213
Dental screenings
336.214
Request not to participate in dental screening
336.216
Mental health screenings
336.222
District policy and plan
336.227
Duties of Oregon Health Authority
336.235
State board rules
336.241
Inclusion of cannabis abuse prevention curricula supplements and public information programs in policies and plans
336.423
Standards for food and beverages sold to students in schools
336.426
Oregon Farm-to-School and School Garden Program
336.431
Farm-to-School Grant Program to purchase Oregon food products and to fund certain educational activities
336.441
Use of alcoholic beverages in culinary arts classes
336.445
Use of polystyrene foam in meal service
336.455
Human sexuality education courses
336.465
Examination of instructional material
336.472
Instruction in cardiopulmonary resuscitation and uses of automated external defibrillators
336.473
Instruction in oral health
336.474
Instruction on organ and tissue donation and education
336.477
Rights
336.479
Physical examination prior to participation in extracurricular sports
336.485
Concussions
336.490
Qualified health care professional for purposes of ORS 336.485 and 417.875
336.495
Form for student diagnosed with concussion or brain injury
336.505
“Community school program” defined
336.510
Legislative findings
336.520
Community school program to provide for advisory involvement
336.525
Program to be operated by district providing elementary or secondary education
336.575
Notice and consultation before establishing, expanding or changing residential program
336.580
Education at youth care centers
336.585
Education for children enrolled in Juvenile Detention Education Program
336.590
Education for children enrolled in Youth Corrections Education Program
336.615
Definition for ORS 336.615 to 336.665
336.625
Goals
336.631
Private alternative programs
336.635
Enrollment in alternative education program
336.637
Instruction in educational standards required
336.640
Rules governing education for pregnant and parenting students
336.645
Notification of availability of program
336.655
District evaluation of program
336.665
Effect of failure to propose alternative programs
336.790
Definitions for ORS 336.790 to 336.820
336.795
Purposes of traffic safety education course
336.800
School course in traffic safety education
336.802
Traffic safety education course
336.804
Unavailability of traffic safety education course
336.805
Reimbursement to course provider
336.807
Reimbursement to Department of Human Services
336.810
Student Driver Training Fund
336.815
Contract with commercial driver training school
336.820
Sanctions for violation of ORS 336.790 to 336.820
336.840
Policies for personal electronic devices
336.851
Creation
336.856
Oregon Digital Learning Fund
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