(a)CA Business and Professions Code § 22586(a) For purposes of this chapter:
(1)CA Business and Professions Code § 22586(a)(1) “California Consumer Privacy Act-excluded covered information” or “CCPA-excluded covered information” means covered information that is not subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).
(2)CA Business and Professions Code § 22586(a)(2) “Covered information” means personally identifiable information or materials, in any media or format that meets any of the following:
(A)CA Business and Professions Code § 22586(a)(2)(A) Is created or provided by a pupil, or the pupil’s parent or legal guardian, to an operator in the
course of the pupil’s, parent’s, or legal guardian’s use of the operator’s site, service, or application for preschool and prekindergarten purposes.
(B)CA Business and Professions Code § 22586(a)(2)(B) Is created or provided by an employee or agent of the preschool, prekindergarten, school district, local educational agency, or county office of education, to an operator.
(C)CA Business and Professions Code § 22586(a)(2)(C) Is gathered by an operator through the operation of a site, service, or application described in paragraph (4), and is descriptive of a pupil or otherwise identifies a pupil, including, but not limited to, information in the pupil’s educational record or email, first and last name, home address, telephone number, email address, or other information that allows physical or online contact, 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, pupil identifiers, search activity, photographs, voice recordings, or geolocation information.
(3)CA Business and Professions Code § 22586(a)(3) “Online service” includes cloud computing services, which must comply with this section if they otherwise meet the definition of an operator.
(4)CA Business and Professions Code § 22586(a)(4) “Operator” means the operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for preschool or prekindergarten purposes and was designed and marketed for preschool
and prekindergarten purposes.
(5)CA Business and Professions Code § 22586(a)(5) “Preschool or prekindergarten purposes” means purposes that customarily take place at the direction of the preschool, prekindergarten, teacher, or school district, or aid in the administration of preschool or prekindergarten activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between pupils, preschool or prekindergarten personnel, or parents, or are for the use and benefit of the preschool or prekindergarten.
(6)CA Business and Professions Code § 22586(a)(6) “Pupil” means a child enrolled in a preschool or prekindergarten course of instruction.
(b)CA Business and Professions Code § 22586(b) An operator shall not knowingly engage in any of the following activities with respect to their site, service, or
application:
(1)Copy CA Business and Professions Code § 22586(b)(1)
(A)Copy CA Business and Professions Code § 22586(b)(1)(A) Engage in targeted advertising on the operator’s site, service, or application.
(B)CA Business and Professions Code § 22586(b)(1)(A)(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 described in paragraph (4) of subdivision (a).
(2)CA Business and Professions Code § 22586(b)(2) Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to amass a profile about a pupil, except in furtherance of preschool or prekindergarten purposes.
(3)CA Business and Professions Code § 22586(b)(3) Sell a pupil’s information, including covered information. This prohibition 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 pupil information.
(4)CA Business and Professions Code § 22586(b)(4) Disclose covered information unless the disclosure is made:
(A)CA Business and Professions Code § 22586(b)(4)(A) In furtherance of the preschool and prekindergarten purposes of the site, service, or application, provided that the recipient of the covered information disclosed pursuant to this subparagraph:
(i)CA Business and Professions Code § 22586(b)(4)(A)(i) Shall not further disclose the information unless done to allow
or improve operability and functionality within that pupil’s preschool or prekindergarten.
(ii)CA Business and Professions Code § 22586(b)(4)(A)(ii) Is legally required to comply with subdivision (d);
(B)CA Business and Professions Code § 22586(b)(4)(B) To ensure legal and regulatory compliance;
(C)CA Business and Professions Code § 22586(b)(4)(C) To respond to or participate in a judicial process;
(D)CA Business and Professions Code § 22586(b)(4)(D) To protect the safety of users or others or security of the site; or
(E)CA Business and Professions Code § 22586(b)(4)(E) 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 with subsequent third parties, and (iii) requires the service provider to implement and maintain reasonable security procedures and practices as provided in subdivision (d).
(c)CA Business and Professions Code § 22586(c) Subdivision (b) does not prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application.
(d)CA Business and Professions Code § 22586(d) An operator shall do all of the following:
(1)CA Business and Professions Code § 22586(d)(1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure.
(2)CA Business and Professions Code § 22586(d)(2) Delete a pupil’s covered information if the preschool, prekindergarten, or district requests deletion of data under the control of the preschool, prekindergarten, or district.
(3)Copy CA Business and Professions Code § 22586(d)(3)
(A)Copy CA Business and Professions Code § 22586(d)(3)(A) Delete a pupil’s CCPA-excluded covered information under the operator’s control if a pupil’s parent, guardian, or education rights holder or, in the case of a former pupil 18 years of age or older, the pupil requests an operator to delete the covered information under the operator’s control if the pupil has been no longer enrolled in the preschool, prekindergarten,
or district for at least 60 days.
(B)CA Business and Professions Code § 22586(d)(3)(A)(B) Before deleting any information described in subparagraph (A), the operator shall require documentation that the pupil is no longer enrolled in the preschool, prekindergarten, or district.
(e)CA Business and Professions Code § 22586(e) Notwithstanding paragraph (4) of subdivision (b), an operator may disclose covered information of a pupil, as long as paragraphs (1) to (3), inclusive, of subdivision (b) are not violated, under the following circumstances:
(1)CA Business and Professions Code § 22586(e)(1) If other provisions of federal or state law require the operator to disclose the information,
and the operator complies with the requirements of federal and state law in protecting and disclosing that information.
(2)CA Business and Professions Code § 22586(e)(2) For legitimate research purposes: (A) as required by state or federal law and subject to the restrictions under applicable state and federal law or (B) as allowed by state or federal law and under the direction of a preschool, prekindergarten, school district, or state department of education, if no covered information is used for any purpose in furtherance of advertising or to amass a profile on the pupil for purposes other than preschool and prekindergarten purposes.
(3)CA Business and Professions Code § 22586(e)(3) To a state or local educational agency, including preschools, prekindergartens, and school districts, for preschool and prekindergarten purposes, as permitted by state or federal law.
(f)CA Business and Professions Code § 22586(f) This section does not prohibit an operator from using deidentified pupil covered information as follows:
(1)CA Business and Professions Code § 22586(f)(1) Within the operator’s site, service, or application or other sites, services, or applications owned by the operator to improve educational products.
(2)CA Business and Professions Code § 22586(f)(2) To demonstrate the effectiveness of the operator’s products or services, including in their marketing.
(g)CA Business and Professions Code § 22586(g) This section does not prohibit an operator from sharing aggregated deidentified pupil covered information for the development and improvement of educational sites, services, or applications.
(h)CA Business and Professions Code § 22586(h) This section does not limit the
authority of 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.
(i)CA Business and Professions Code § 22586(i) This section does not limit the ability of an operator to use a pupil’s data, including covered information, for adaptive learning or customized early learning purposes.
(j)CA Business and Professions Code § 22586(j) 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.
(k)CA Business and Professions Code § 22586(k) This section does not
limit internet service providers from providing internet connectivity to preschools, prekindergartens, or pupils and their families.
(l)CA Business and Professions Code § 22586(l) This section does not prohibit an operator of an internet website, online service, online application, or mobile application from marketing educational products directly to parents so long as the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section.
(m)CA Business and Professions Code § 22586(m) This section does not impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance of this section on those applications or software.
(n)CA Business and Professions Code § 22586(n) This section does not impose a duty upon a provider of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, to review or enforce compliance with this section by third-party content providers.
(o)CA Business and Professions Code § 22586(o) This section does not impede the ability of pupils to download, export, or otherwise save or maintain their own personally created data or documents.
(p)CA Business and Professions Code § 22586(p) This section shall not be interpreted to limit or supersede any rights or requirements under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), and any rules or regulations promulgated pursuant to those laws.
