Student Privacy Online Personal Information Bill (AB 801) Strengthens Data Protection for Preschool, Prekindergarten and K–12 Pupils

The Student Privacy Online Personal Information Bill (AB 801) enforces precise data safeguards for preschool, prekindergarten and K–12 pupils. It requires data deletion upon request and prohibits misuse of student information, enabling clearer accountability for online education providers.

Student Privacy Online Personal Information Bill (AB 801) Strengthens Data Protection for Pupils

California Implements Student Privacy Bill to Protect K–12 Data

On 1 January 2025, California’s Student Privacy: Online Personal Information Bill (AB 801) became law, marking an important development in protecting the personal data of preschool, prekindergarten, and K–12 pupils.

The new regulations apply to operators of websites, online services, applications, or mobile apps handling student data, introducing precise guidelines for data deletion and enhanced safeguards for sensitive information.

Bill History - AB-801 Student privacy: online personal information.
AB 801 Student privacy: online personal information.

Strengthening Data Protection for Students

AB 801 introduces robust measures to ensure that students' personal information is managed responsibly.

The law prohibits operators from using pupil data for purposes beyond educational use, explicitly banning targeted advertising and the sale of student information.

It also requires operators to delete a pupil’s data upon request from a guardian, education rights holder, or the student themselves—provided the student has been unenrolled for at least 60 days.

In a key provision, operators must verify and document a student’s un-enrolment status before deleting their data.

However, the law creates a specific exception for national assessment providers holding only standardised test results, ensuring these records remain accessible for academic and placement purposes.

Addressing Broader Privacy Concerns

The Bill aligns with California's existing privacy legislation, including the California Consumer Privacy Act (CCPA) and the Student Online Personal Information Protection Act (SOPIPA).

It adds layers of specificity to address the unique vulnerabilities of student populations, emphasising that covered information includes identifiable details such as names, addresses, academic records, and even biometric data.

This move aims to curb the misuse of student data by enforcing stricter requirements for storage, processing, and disclosure.

It also establishes a baseline for operators to implement reasonable security measures, reducing the risks of unauthorised access or breaches.

Implications for Educational Technology Providers

Educational technology (EdTech) companies operating in California now face more stringent compliance obligations.

They must ensure their services are designed with security-by-default principles, particularly for younger users.

This means deploying adaptive learning tools and customisable educational software without compromising data privacy.

Additionally, the law clarifies that operators may use de-identified or aggregated student data for product improvement, provided it doesn’t lead to targeted marketing.

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