As used in this chapter, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations.
Chapter 2.5Social Media Privacy
Section § 99120
This section defines what "social media" means for the purposes of the chapter. It includes any electronic service or account as well as content like videos, photos, blogs, podcasts, messages, emails, online accounts, or website profiles.
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Section § 99121
This law says schools in California, whether public or private, can't ask students or student groups to share their social media username or password. They also can't force students to show their social media or reveal any private social media details in front of school staff.
Furthermore, schools cannot punish students for refusing to provide this information. However, schools are still allowed to investigate student misconduct and take necessary actions if a student breaks the law or school rules, as long as it's for a lawful reason.
(a)CA Education Code § 99121(a) Public and private postsecondary educational institutions, and their employees and representatives, shall not require or request a student, prospective student, or student group to do any of the following:
(1)CA Education Code § 99121(a)(1) Disclose a user name or password for accessing personal social media.
(2)CA Education Code § 99121(a)(2) Access personal social media in the presence of the institution’s employee or representative.
(3)CA Education Code § 99121(a)(3) Divulge any personal social media information.
(b)CA Education Code § 99121(b) A public or private postsecondary educational institution shall not suspend,
expel, discipline, threaten to take any of those actions, or otherwise penalize a student, prospective student, or student group in any way for refusing to comply with a request or demand that violates this section.
(c)CA Education Code § 99121(c) This section shall not do either of the following:
(1)CA Education Code § 99121(c)(1) Affect a public or private postsecondary educational institution’s existing rights and obligations to protect against and investigate alleged student misconduct or violations of applicable laws and regulations.
(2)CA Education Code § 99121(c)(2) Prohibit a public or private postsecondary educational institution from taking any adverse action against a student, prospective student, or student group for any lawful reason.
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Section § 99122
This law requires private nonprofit or for-profit colleges and universities to display their social media privacy policies on their websites. This ensures that students can easily access and understand how their personal information is used and protected on social platforms the institution might use.
A private nonprofit or for-profit postsecondary educational institution shall post its social media privacy policy on the institution’s Internet Web site.
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