Assembly Approves Bill Designed to
Protect Student Privacy after Pennsylvania Incidents
(TRENTON) - Legislation sponsored by
Assembly Democrats Annette Quijano, Ruben Ramos, Jr., Troy Singleton, Angelica
Jimenez and Bonnie Watson Coleman to protect student privacy by increasing
awareness of technology that can record and monitor their activities was
approved 63-10-2 Monday by the full Assembly.
“We cannot stop the march
of technology that, while helpful and innovative, also unfortunately can prove
invasive to our private lives,” said Quijano (D-Union). “Children are especially
vulnerable to not understanding the danger of technology invading their privacy.
With this law, we will make clear to everyone that it’s a
possibility.”
The bill was inspired, in part, by
incidents at the Lower Merion School District in Pennsylvania in which cameras
in laptops furnished by the school district recorded activity by students
without the students realizing that the activity was being recorded. Images
from the camera were transmitted to administrators of the school
district.
“As a teacher, and one
that grew up at a time when none of these advancements were at our fingertips, I
know first-hand how helpful technology can be to students,” said Ramos
(D-Hudson). “However, we also need to walk a fine line when it comes to invasion
of privacy that can lead to confusion and embarrassment. This bill will help
protect everyone’s rights.”
Known as the Anti-Big Brother Act
(A-2932), the bill would require a school district or charter school furnishing
a student with a laptop computer, cellular telephone or other electronic device
to provide the student with written notice that it may record or collect
information on the student’s activity, if the device is equipped with a camera,
global positioning system or other similar feature. The school district must
also make it clear that they will not invade a student’s privacy with the
device.
“Parents and students deserve to know
upfront what these devices are capable of,” said Singleton (D-Burlington).
“This will ensure that the student’s privacy is protected and that these devices
are being used in the manner in which they were intended.”
“This will help students avoid any
situations that, while perhaps not malicious in intent, could prove
embarrassing,” said Jimenez (D-Bergen/Hudson). “This measure is designed to
enhance learning while protecting the rights of everyone
involved.”
“By providing full disclosure
upfront, this bill will help protect student’s privacy while also helping school
districts avoid potentially negative consequences,” Watson Coleman. “Technology
can be a wonderful asset in a student’s learning environment but it must be
utilized properly.”
The notice would also
include a form to be signed by the student's parent or guardian and returned to
the school district acknowledging receipt of the form, which shall be retained
by the school district. An employer or a school district failing to provide the
written notification required by this bill would be subject to a fine of $250
per incident, per child, which will be deposited in a fund to provide laptops to
disadvantaged students.
The provisions of the
bill would go into effect on the next July 1 following enactment. The bill now
heads back to the Senate for final legislative approval before heading to the
Governor’s desk.
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