An Administrator's Guide to California Private School Law

Chapter 10 - Privacy Rights Of Students And Employees

(5)

A social security number;

(6) Any other identifier that permits the physical or online contacting of a specific individual; 1708 (7) Information concerning a user that the Web site or online service collects online from the user and maintains in PII form in combination with an identifier described in 1-6 above. 1709 Note: Although a school’s Web site may have commercial uses, it is important to distinguish the commercial functions of a publicly accessible Web site from a school’s internal Web site or internal online service used for educational purposes. In the former scenario, the school may collect PII from the public. In the latter scenario, the school may collect PII from members of the school community for educational purposes. A school need not post a privacy policy on its internal Web sites used for educational purposes. However, a school must still determine whether other privacy laws apply to such internal activity. c. Checklist For Determining Whether A Private School’s Web Site Collects Personally Identifiable Information From Consumers When determining whether the Act applies to a commercial Web site or online service operated by a private school, it is recommended that the school,  Determine whether the school collects any information from users or visitors of its Web site or service;  Determine whether any information that is collected is specifically listed in, or similar to the type of information considered PII under the Act and maintained in PII form;

 Determine whether these users or visitors are providing information for the potential purpose of purchasing a service from the operator. For example, is the school collecting e-mail address or physical addresses to send out school brochures to future applicants or families?

d. Content Of Electronic Privacy Policy

An electronic privacy policy must:

 Identify the categories of (1) PII that the operator collects through the Web site or online service about individual consumers who use or visit its commercial Web site or online service and (2) third-party persons or entities with whom the operator may share that personally identifiable information;  If the operator maintains a process for an individual consumer who uses or visits its commercial Web site or online service to review and request changes to any of his or her personally identifiable information that is

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 381