Section 6-18-2603 - DefinitionsAs used in this subchapter:
(1) "Affiliate" means a legal entity that controls, is controlled by, or is under common control with another legal entity;(2) "Control" means: (A) Ownership of, or the power to vote, more than fifty percent (50%) of the outstanding voting securities of a company; or(B) Control in any manner over the election of a majority of the directors or of individuals exercising similar management functions of a company;(3) "Deidentified data" means data that cannot reasonably be linked to an identified or identifiable natural person;(4) "Destroy" means to remove student personally identifiable information so that the information is permanently irretrievable in the normal course of business;(5) "Local education agency" means: (A) A public school district; or(B) An open-enrollment public charter school;(6) "Parent" means:(A) The biological or adoptive parent of a student;(B) A student's legal guardian; or(C) A person standing in loco parentis to a student;(7) "Public education entity" means: (A) The Department of Education;(B) A public school within a public school district; or(C) An open-enrollment public charter school;(8)(A) "School service" means a website, online service, online application, or mobile application that:(i) Is designed and marketed primarily for use in a preschool, elementary school, or secondary school;(ii) Is used at the direction of teachers or other employees of a local education agency; and(iii) Collects, maintains, or uses student personally identifiable information.(B) "School service" does not include a website, online service, online application, or mobile application that is designed and marketed for use by individuals or entities generally, even if the website, online service, online application, or mobile application is also marketed to a preschool, elementary school, or secondary school;(9) "School service contract provider" means an entity, other than a local education agency or an institution of higher education, that enters into a formal, negotiated contract with a public education entity to provide a school service;(10) "School service on-demand provider" means an entity, other than a public education entity or an institution of higher education, that provides a school service to a public education entity, subject to agreement by the public education entity, or an employee of the public education entity, to standard, nonnegotiable terms and conditions of service established by the entity;(11)(A) "Student personally identifiable information" means information that, alone or in combination, personally identifies an individual student or the student's parent or family, and that is collected, maintained, generated, or inferred by: (i) A public education entity, either directly or through a school service;(ii) A school service contract provider; or(iii) A school service on-demand provider.(B) "Student personally identifiable information" does not include deidentified data;(12)(A) "Targeted advertising" means selecting and sending advertisements to a student based on personal data obtained or inferred over time from the student's online behavior, use of applications, or student personally identifiable information.(B) "Targeted advertising" does not include: (i) Advertising to a student: (a) At an online location based on the student's current visit to that location or in response to the student's request for information or feedback; and(b) Without the collection and retention of a student's online activities over time;(ii) Adaptive learning, personalized learning, or customized education;(iii) With the consent of a student or the student's parent, using the student's personally identifiable information to identify for the student institutions of higher education or scholarship providers that are seeking students who meet specific criteria; or(iv) Processing personal data solely for measuring or reporting advertising performance, reach, or frequency; and(13)(A) "Vendor" means a business or other organization with which a public education entity contracts for a product or service.(B) "Vendor" includes a school service contract provider and a school service on-demand provider.Added by Act 2023, No. 754,§ 1, eff. 6/1/2024.