EdLaw
Rhode Island — Student Social Media Privacy (R.I. Gen. Laws §§ 16-103-1 to 16-103-6)
Chapter 103 of Title 16 in full: definitions (§ 16-103-1); the prohibitions on an educational institution requiring or requesting a student's or applicant's personal social media password or access (§§ 16-103-2, 16-103-3); the bar on disciplining a student or refusing an applicant who declines (§ 16-103-4); the publicly-available-information exception (§ 16-103-5); and civil remedies (§ 16-103-6).
R.I. Gen. Laws § 16-103-1. Definitions
For the purposes of this chapter:
- (1) “Social media account” means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online service or accounts, or internet website profiles or locations. For the purposes of this chapter, social media account does not include an account opened at a school’s behest, or provided by the school, or intended to be used primarily on behalf of the school.
- (2) “Applicant” means an applicant for admission to an educational institution.
- (3) “Educational institution” or “school” means a private or public institution that offers participants, students, or trainees an organized course of study or training that is academic, technical, trade-oriented, or preparatory for gainful employment in a recognized occupation and shall include any person acting as an agent of the institution.
- (4) “Student” means any student, participant, or trainee, whether full-time or part-time, in an organized course of study at an educational institution.
History of Section. P.L. 2014, ch. 188, § 1; P.L. 2014, ch. 207, § 1.
R.I. Gen. Laws § 16-103-2. Social media password requests prohibited
No educational institution shall:
- (1) Require, coerce, or request a student or prospective student to disclose the password or any other means for accessing a personal social media account;
- (2) Require, coerce, or request a student or prospective student to access a personal social media account in the presence of the educational institution’s employee or representative; or
- (3) Require or coerce a student or prospective student to divulge any personal social media account information.
History of Section. P.L. 2014, ch. 188, § 1; P.L. 2014, ch. 207, § 1.
R.I. Gen. Laws § 16-103-3. Social media access requests prohibited
No educational institution shall compel a student or applicant, as a condition of acceptance or participation in curricular or extracurricular activities, to add anyone, including a coach, teacher, school administrator, or other school employee or school volunteer, to his or her list of contacts associated with a personal social media account or require, request, or cause a student or applicant to alter settings that affect a third party’s ability to view the contents of a personal social media account.
History of Section. P.L. 2014, ch. 188, § 1; P.L. 2014, ch. 207, § 1.
R.I. Gen. Laws § 16-103-4. Disciplinary action prohibited
No educational institution shall:
- (1) Discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize any student for a student’s refusal to disclose or provide access to any information specified in § 16-103-2, or for refusal to add a coach, teacher, administrator, or other school employee or school volunteer to his or her list of contacts associated with a personal social media account, or to alter settings associated with a personal social media account, as specified in § 16-103-3; or
- (2) Fail or refuse to admit any applicant as a result of the applicant’s refusal to disclose or provide access to any information specified in § 16-103-2 or for refusal to add a coach, teacher, school administrator, or other school employee or school volunteer to his or her list of contacts associated with a personal social media account or to alter settings associated with a personal social media account, as specified in § 16-103-3.
History of Section. P.L. 2014, ch. 188, § 1; P.L. 2014, ch. 207, § 1.
R.I. Gen. Laws § 16-103-5. Exceptions
This chapter shall not apply to information about a student that is publicly available.
History of Section. P.L. 2014, ch. 188, § 1; P.L. 2014, ch. 207, § 1.
R.I. Gen. Laws § 16-103-6. Penalties for violations
In any civil action alleging a violation of this chapter, the court may:
- (1) Award to a prevailing applicant or student declaratory relief, damages, and reasonable attorneys’ fees and costs; and
- (2) Award injunctive relief against any school or agent of any educational institution that or who commits or proposes to commit a violation of this chapter.
History of Section. P.L. 2014, ch. 188, § 1; P.L. 2014, ch. 207, § 1.