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Can you summarize TNCO 49-1-708?
Data Accessibility, Transparency and Accountability Act > Student online personal protection act.
Short Summary
The Student Online Personal Protection Act applies to operators of websites, online services, online applications, or mobile applications used for K-12 school purposes. It prohibits operators from engaging in targeted advertising, using student information to amass a profile, selling or renting student information, and disclosing covered information unless certain exceptions apply. Operators are required to implement reasonable security procedures, delete covered information upon request, and may use or disclose covered information for specific purposes outlined in the act. The act does not apply to general audience websites or services, internet connectivity providers, marketing educational products directly to parents, providers of software or applications, providers of interactive computer services, or students’ own management of their data. Violations of the act can result in penalties under the Tennessee Consumer Protection Act of 1977.
Whom does it apply to?
Operators of websites, online services, online applications, or mobile applications used for K-12 school purposes
What does it govern?
Student Online Personal Protection Act
What are exemptions?
The act 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. It also does not apply to service providers providing internet connectivity to schools or students and their families. Additionally, it does not prohibit marketing educational products directly to parents if the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section. It does not impose a duty upon providers of electronic stores, gateways, marketplaces, or other means of purchasing or downloading software or applications to review or enforce compliance with this section on those applications or software. It also does not impose a duty upon providers of interactive computer services to review or enforce compliance with this section by third-party content providers. Lastly, it does not prohibit students from downloading, exporting, transferring, saving, or maintaining their own student data or documents.
What are the Penalties?
Violations of this section constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce under the Tennessee Consumer Protection Act of 1977. The attorney general and reporter have the authority to conduct civil investigations and bring civil actions. The court may award or impose any relief available under the Tennessee Consumer Protection Act of 1977.
Jurisdiction
Tennessee