An Administrator's Guide to California Private School Law

Chapter 10 - Privacy Rights Of Students And Employees

(6) (7) (8)

Social security number;

Persistent identifier, such as an Internet Protocol (IP) address; A photograph, video, or audio file containing child’s image or voice.

(9) Geolocation information sufficient to identify street name and name of city or town; or, (10) Information concerning the child or the parents of that child that the operator collects online from the child and combines with another identifier (1 – 9 above). 1683 An operator cannot condition a child’s participation in an activity on the child’s disclosing more personal information than is reasonably necessary to participate in such activity. 1684 c. Notice And Verifiable Consent The operator must provide notice and obtain verifiable consent “prior to collecting, using, or disclosing personal information” from a child under the age of 13. 1685 The notice must be clear and understandable, complete, and not contain “unrelated, confusing, or contradictory materials.” 1686 The notice must include: 1) a direct notice to the parents of the child seeking to use the service, as part of obtaining parental consent 1687 ; and (2) general notice on the Web site or online service of the operator’s information practices with respect to children. 1688 (i) Direct Notice To Parent With respect to the direct notice, an operator must take “reasonable efforts” to ensure that parents of a child using its service have direct notice of the operator’s “practices with regard to the collection, use, or disclosure of personal information.” 1689 The notice should take into account available technology and should include any material change in a notice that the parent previously consented to. 1690 The content of the notice to the parent depends upon the purpose of the notice, and includes:  Notice to obtain the parent’s affirmative consent to the collection, use, or disclosure of information;  Voluntary notice to a parent of a child’s online activities not involved in the collection, use, or disclosure of personal information;  Notice to parent of operator’s intent to communicate with the parent’s child on multiple occasions (used to respond directly more than once to a child’s specific request for information); and  Notice to parent in order to protect the child’s safety. 1691 When an operator sends a notice to the parent to obtain affirmative consent to the collection, use, or disclosure of information, the notice must contain the following information:

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 377