2016 Delaware Code
Title 14 - Education
CHAPTER 81A. STUDENT DATA PRIVACY PROTECTION ACT [FOR APPLICABILITY OF CHAPTER, SEE 80 DEL. LAWS, C. 149, § 2]
§ 8106A. Exclusions [For applicability of chapter, see 80 Del. Laws, c. 149, § 2].

This chapter shall not be construed so as to do any of the following:

(1) Apply to general audience internet websites, online or cloud computing services, online applications, or mobile applications, even if login credentials created for an operator's internet website, online or cloud computing service, online application, or mobile application may be used to access those general audience internet websites, online or cloud computing services, online applications, or mobile applications.

(2) Limit the authority of a law-enforcement agency to obtain any content or student data from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction.

(3) Limit internet service providers from providing internet connectivity to schools or students and their families.

(4) Prohibit an operator from marketing educational products directly to parents, so long as the marketing does not result from the use of student data obtained by the operator through the provision of services covered under this chapter.

(5) 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 chapter on those applications or software.

(6) 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 chapter by third-party content providers.

(7) Impede the ability of a student or parent or guardian to download, transfer, export, or otherwise save or maintain their own student data or documents.

(8) Prevent the Department, school district, or school from recommending, solely for K-12 school purposes, any educational materials, online content, services, or other products to any student or to the student's family if the Department, school district, or school determines that such products will benefit the student and no person receives compensation for developing, enabling, or communicating such recommendations.

80 Del. Laws, c. 149, § 1; 80 Del. Laws, c. 335, § 3.;