Minnesota’s Student Data Privacy Act is Back!!!

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Minnesota’s Student Data Privacy Act is Back!!! by Linda Bell

MACC is back at the legislature to support Chief Author, Eric Lucero, and passage of the Student Data Privacy Act. You’re invited! Our data statutes have seen no student updates in over 30 YEARS!! In all that time, incredible changes have occurred in technology. It’s about time! MACC worked on this bill with the ACLU and Rep Lucero from 2014–2017.  The new bill, HF 1821, was introduced on 2.28.2019 as was the companion bill, SF 2291. Unfortunately, neither bill received a hearing last session.

NOW OUR GOOD NEWS!!! Our first hearing is next Thursday, February 20th in the Judiciary, Finance and Civil Law Committee, Room 10, State Office Building. The hearing begins at 9:45am. Author: Eric Lucero. Coauthors: John Lesch, Chair of the Committee, Peggy Scott, Tina Liebling, Sondra Erickson, Jim Davnie and Rena Moran. Here are the committee members. https://www.house.leg.state.mn.us/Committees/members/91028

JOIN US!!! We know that corporate/business selling of student private information and marketing to kids on school time is a huge concern to parents and community members. Don’t waste this opportunity to stand up for your children and their future!

First: shoot off a simple email encouraging a committee member to support and pass HF 1821, Student Data Privacy Act on February 20th. Send an email to as many committee members as you can. Especially, send an email if they are your constituent legislator.

Second: Be at the hearing! You’re always welcome to speak, but we really need you to fill the gallery. Bring your kids! They’re the subject of this bill. We know parents and students have many stories about data privacy issues. Yes, students may speak, also!

Speakers/Testifiers are given no more than a 1 or 2 minutes. You must let MACC know a.s.a.p. if you wish to testify so you are officially signed up.


Amendments to the existing definition section defines new areas: school-issued device and technology provider. These definitions lead to two additional subdivisions: technology providers and school-issued devices.


  • Student’s private data is not the property (owned) of the tech provider.
  • Procedure after the discovery of a data breach to be in compliance with section 13.055.
  • Procedure for student data when a provider’s contract is to be cancelled.
  • Tech provider must not sell, share or disseminate educational data.
  • Tech provider must not use for commercial purposes, marketing or advertising.
  • Written procedures for tech provider employees who have contact with student data.
  • Parents and students may inspect a complete contract of any school technology provider.


 A government entity or technology provider must not electronically access or monitor:

  • Location tracking features in school-issued device
  • Audio or visual receiving, transmitting, or recording feature for school-issued device
  • Student interactions – key strokes, web-browsing

Some exceptions to the above, includes judicial warrant or if student agrees to action

  • Within 72 hours of government or provider interaction with student school-issued device, must notify student or student’s parent.

Read the bill here. https://www.revisor.mn.gov/bills/text.php?number=HF1821&version=0&session=ls91&session_year=2019&session_number=0


Friends, now is not the time to sit on the sidelines.

Stand up to this abuse of power over our children’s private and unique identities!

Stand up because our children have no voice nor likely any understanding of their circumstances!

Stand up for children whose personal information is passed to nefarious entities!

Stand up for their natural and inalienable rights!





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