Sec. 4. Rules of construction
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/bill/114/hr/2092/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
This Act shall not— be construed to affect or otherwise alter the protections and guarantees set forth in section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Educational Rights and Privacy Act of 1974 ), the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. ), or any other Federal statute relating to privacy protection; be construed to limit the authority of a law enforcement agency to obtain content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction; limit the ability of an operator to use information, including covered information, for adaptive or personalized student learning purposes; limit an educational agency or institution from providing Internet access service for its own use, to other educational agencies or institutions, or to students and their families; be construed to prohibit an operator’s use of covered information for maintaining, developing, supporting, improving, or diagnosing the operator’s school service; be construed to prohibit an operator of a school service from marketing educational products directly to parents, provided that the marketing does not result from the use of covered information; 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 with this Act by operators of school services; impede the ability of a student or the student’s parent to download, export, create, or otherwise save or maintain data or documents created by or about the student or noncommercial applications created by the student, except to the extent any such activity would result in disclosure prohibited by this Act of covered information of other students or users of a school service; or be construed to prohibit an operator from collecting a reasonable fee to cover the administrative costs of making a disclosure under section 3(a)(5)(C).
Nothing in this Act prohibits an operator from— using de-identified and aggregated covered information— within the operator’s school service or other sites, services, or applications owned by the operator to improve educational products; or to demonstrate the effectiveness of the operator’s products or services, including in the marketing of such products or services; or disclosing de-identified and aggregated covered information for research and development, including— research, development, and improvement of educational sites, services, and applications; and advancements in the science of learning.
If an operator uses or discloses covered information as described in paragraph (1), the operator shall take reasonable steps to ensure that the information cannot be manipulated in a manner that would enable— identification of an individual to whom the information relates; or disaggregation of aggregated information into its component parts. Any provision of this Act that refers to the consent of the student’s parent for the use or disclosure of covered information or the right of the student’s parent to access or otherwise obtain, use, correct, request disclosure of, or request deletion of covered information, shall, in the case of covered information about an eligible student, be considered to refer to the consent or right of the student and not the student’s parent.
Except as provided in section 5(g), this Act does not modify the requirements or standards for consent, including consent from minors and employees on behalf of educational institutions, under any other provision of Federal law or under State law.
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