The Vermont Statutes Online

Title 9 : Commerce and Trade

Chapter 062 : Protection of Personal Information

Subchapter 003A : STUDENT PRIVACY

• § 2443e. Applicability

  This subchapter does not:

  (1) limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or under a court order;

  (2) limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes;

  (3) apply to general audience Internet websites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator’s site, service, or application may be used to access those general audience sites, services, or applications;

  (4) limit service providers from providing Internet connectivity to schools or students and their families;

  (5) prohibit an operator of an Internet website, online service, online application, or mobile application from marketing educational products directly to parents if the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this subchapter;

  (6) impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with this subchapter on those applications or software;

  (7) impose a duty upon a provider of an interactive computer service, as defined in 47 U.S.C. § 230, to review or enforce compliance with this subchapter by third-party content providers;

  (8) prohibit students from downloading, exporting, transferring, saving, or maintaining their own student-created data or documents; or

  (9) supersede the federal Family Educational Rights and Privacy Act or rules adopted pursuant to that Act. (Added 2019, No. 89 (Adj. Sess.), § 4.)