For purposes of this chapter:

(1) “Aggregate student data” means data that is not personally identifiable and that is collected or reported at the group, cohort, or institutional level.

(2) “De-identified data” means a student data set that cannot reasonably be used to identify, contact, single out, or infer information about a student or a device used by a student.

(3) “Department” means the Delaware Department of Education.

(4) “Education record” means an education record as defined in the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and its implementing regulations, 34 C.F.R. part 99, as amended.

(5) “Geolocation data” means information that is, in whole or part, generated by, derived from, or obtained by the operation of an electronic device that can be used to identify the past, present, or future location of an electronic device, an individual, or both.

(6) “Internet” means, collectively, the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire, radio, or other methods of transmission.

(7) “K-12 school purposes” means purposes that customarily take place at the direction of a school, teacher, or school district or aid in the administration of school activities, including instruction in the classroom or at home, administrative activities, preparing for postsecondary education or employment opportunities, and collaboration between students, school personnel, or parents, or are for the use and benefit of the school.

(8) “Law-enforcement entity” means any government agency or any subunit thereof which performs the administration of criminal justice pursuant to statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice, including the Delaware State Police, all law-enforcement agencies and police departments of any political subdivision of this State, the Department of Correction, and the Department of Justice.

(9) “Online contact information” means an e-mail address or any other substantially similar identifier that permits direct contact with an individual online, including an instant messaging user identifier, a voice-over-internet protocol (VOIP) identifier, a video chat user identifier, or a screen name or user name that permits such contact.

(10) “Operator” means any person other than the Department, school districts, or schools, to the extent that the person does any of the following:

a. Operates an internet website, online or cloud computing service, online application, or mobile application with actual knowledge that the internet website, online or cloud computing service, online application, or mobile application is used primarily for K-12 school purposes and was designed and marketed for K-12 school purposes.

b. Collects, maintains, or uses student data in a digital or electronic format for K-12 school purposes.

(11) “Parent” means a student’s parent, legal guardian, or relative caregiver pursuant to § 202(f) of this title.

(12) “School” means any public school in the State providing educational instruction in one or more grades from kindergarten through grade 12.

(13) “School district” means a clearly defined geographical subdivision of the State organized for the purpose of administering public education in that area.

(14) “State-assigned student identifier” means the unique student identifier assigned by the State to each student that shall not be and shall not include the Social Security number of a student in whole or in part.

(15) “Student” means any individual attending a school in this State.

(16) “Student data” means personally identifiable information or materials, in any media or format, that meets any of the following:

a. Is student performance information.

b. Is created or provided by a student or parent to an employee or agent of the Department, school district, or school.

c. Is created or provided by a student or parent to an operator in the course of the student’s or parent’s use of the operator’s site, service, or application for K-12 school purposes.

d. Is created or provided by an employee or agent of a school district or school, to an operator.

e. Is gathered by an operator through the operation of a site, service, or application described in paragraph (10)a. of this section and can be used to distinguish or trace the identity of the student, or is linked to information that can be used to distinguish or trace the identity of the student, including information in the student’s education record or email; the student’s name, in whole or in part; residential or other address that allows physical contact; telephone number; online contact information; discipline records; test results; special education data; juvenile dependency records; criminal records; medical records; health records; Social Security number; passport number; student identification number or other student identifier; driver’s license number; state identification card number; alien registration number; geolocation data; biometric information; disability status; socioeconomic information; food purchases; political affiliations; religious information; text messages; instant messages; documents; search activity; photos; voice recordings; or video recordings.

(17) “Student performance information” means the following data relating to student performance from early childhood learning programs through postsecondary education: college and career readiness; course and grade; degree, diploma, or credential attainment, including high school equivalency diploma; demographic; educator; enrollment; financial aid; remediation; retention; state and national assessments; transcripts; vocational and technical education information; any other data relating to education deemed necessary by the Department.

(18) “Targeted advertising” means presenting advertisements to a student, or a student’s parent, where the advertisement is selected based on information obtained or inferred from that student’s online behavior, usage of applications, or student data. “Targeted advertising” does not include advertising to a student at an online location based upon that student’s current visit to that location without collection and retention of a student’s online activities over time.

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