Sec. 2. Definitions
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In this Act: The term Commission means the Federal Trade Commission. The term covered information means personally identifiable information, and information that is linked or linkable to personally identifiable information, that— is collected or generated through a school service; and the operator of the school service knows or should know relates to a student; or is collected, generated, or maintained at the direction of an educational agency or institution serving the student or officials of such an agency or institution, including teachers.
The term educational agency or institution has the meaning given such term in section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ), except that such term does not include an institution of higher education. The term eligible student means a student who— is 18 years of age or older; is enrolled in an institution of higher education; or has graduated from a secondary school. The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ).
The term K-12 purposes means purposes that— aid in the administration of activities by an educational agency or institution, including instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents; or are for the use and benefit of the educational agency or institution. The term online contact information means, with respect to a student, an email address or any other substantially similar identifier that permits direct contact with the student online, including an instant messaging user identifier, a voice over Internet Protocol identifier, a video chat user identifier, or a screen name or user name that permits such contact.
The term operator means an entity that operates a school service, except that such term does not include an educational agency or institution. The term personally identifiable information includes, with respect to a student— the student’s first and last name; the first and last name of the student’s parent or another family member; the home or physical address of the student or student’s family; online contact information for the student; a personal identifier, such as the student’s social security number, student number, or biometric record; a persistent identifier that can be used to recognize a user over time and across different Internet Web sites, online services, online applications, or mobile applications, including a customer number held in a cookie, an Internet Protocol address, a processor or device serial number, or another unique identifier; a photograph, video, or audio recording that contains the student’s image or voice; geolocation information sufficient to identify street name and name of a city or town; other indirect identifiers, such as the student’s date of birth, place of birth, or mother’s maiden name; other information that, alone or in combination, would allow an operator or a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify a specific student with reasonable certainty; and information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the information relates.
The term school service means an Internet Web site, online service (including a cloud computing service), online application, or mobile application that is used for K-12 purposes and was designed and marketed for K-12 purposes. The term State means each State of the United States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian tribe. The term student means any individual who is or has been enrolled in an elementary school or secondary school.
The term targeted advertising means presenting advertisements to a student or the student’s parent, where the advertisements are selected based on information obtained or inferred from the student’s online behavior or use of online applications or mobile applications or from covered information about the student maintained by the operator of a school service. Such term does not include presenting advertisements to a student or the student’s parent at an online location or through an online application or mobile application, if— the advertisements are contextually relevant; the advertisements are selected based on a single visit or session of use during which the advertisements are presented; and information about the student’s online behavior or use of online applications or mobile applications is not collected or retained over time.
In this Act, the terms elementary school , parent , and secondary school have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).
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