Full Text of HB1047 98th General Assembly
HB1047ham001 98TH GENERAL ASSEMBLY | Rep. Jim Durkin Filed: 3/7/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1047
| 2 | | AMENDMENT NO. ______. Amend House Bill 1047 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Right to Privacy in the Workplace Act is | 5 | | amended by changing Section 10 as follows:
| 6 | | (820 ILCS 55/10) (from Ch. 48, par. 2860)
| 7 | | Sec. 10. Prohibited inquiries. | 8 | | (a) It shall be unlawful for any employer
to inquire, in a | 9 | | written application or in any other manner, of any
prospective | 10 | | employee or of the prospective employee's previous employers,
| 11 | | whether that prospective employee has ever filed a claim for | 12 | | benefits under
the Workers' Compensation Act or Workers' | 13 | | Occupational Diseases Act or
received benefits under these | 14 | | Acts.
| 15 | | (b)(1) It shall be unlawful for any employer to request or | 16 | | require any employee or prospective employee to provide any |
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| 1 | | user name and password, password , or other means of | 2 | | authentication related account information in order to gain | 3 | | access to the employee's or prospective employee's account or | 4 | | profile on a social networking website or to demand access in | 5 | | any manner to an employee's or prospective employee's personal | 6 | | online account or profile on a social networking website . | 7 | | (2) An employer may request or require an employee to | 8 | | disclose any user name and password, password, or other means | 9 | | of authentication for accessing: | 10 | | (A) any electronic communications device supplied or | 11 | | paid for in whole or in part by the employer; or | 12 | | (B) any accounts or services provided by the employer | 13 | | or by virtue of the employee's employment relationship with | 14 | | the employer or that the employee uses for business | 15 | | purposes. | 16 | | (3) An employer may not: | 17 | | (A) discharge, discipline, or otherwise penalize or | 18 | | threaten to discharge, discipline, or otherwise penalize | 19 | | an employee solely for an employee's refusal to disclose | 20 | | any information specified in paragraph (1) of this | 21 | | subsection (b); | 22 | | (B) fail or refuse to hire any prospective employee as | 23 | | a result of the prospective employee's refusal to disclose | 24 | | any information specified in paragraph (1) of this | 25 | | subsection (b); or | 26 | | (C) be held liable for failure to request or require |
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| 1 | | that an employee or prospective employee disclose any | 2 | | information specified in paragraph (1) of this subsection | 3 | | (b). | 4 | | (4) Nothing in this subsection shall prevent an employer | 5 | | from conducting an investigation: | 6 | | (A) for the purpose of ensuring compliance with | 7 | | applicable laws, regulatory requirements, or prohibitions | 8 | | against work-related employee misconduct based on the | 9 | | employer's receipt of specific information about activity | 10 | | on a personal online account by an employee or other | 11 | | source; | 12 | | (B) for the purpose of investigating violations of | 13 | | applicable laws, regulatory requirements, or prohibitions | 14 | | against work-related employee misconduct based on the | 15 | | employer's receipt of specific information about activity | 16 | | on a personal online account by an employee or other | 17 | | source; | 18 | | (C) for the purpose of protecting the security of the | 19 | | employer's computers, networks, or system based on the | 20 | | employer's receipt of specific information about activity | 21 | | on a personal online account by an employer or other | 22 | | source;
or | 23 | | (D) of an employee's actions based on the receipt of | 24 | | specific information about the unauthorized transfer of an | 25 | | employer's proprietary information, confidential | 26 | | information, or financial data to a personal online account |
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| 1 | | by an employee or other source. | 2 | | Conducting an investigation as specified in subparagraphs | 3 | | (A), (B), (C), and (D) of this paragraph (4) includes requiring | 4 | | the employee's cooperation to share information that is | 5 | | relevant to making a factual determination concerning the | 6 | | matter that has been reported. | 7 | | (5) (2) Nothing in this subsection shall limit an | 8 | | employer's right to: | 9 | | (A) promulgate and maintain lawful workplace policies | 10 | | governing the use of the employer's electronic equipment, | 11 | | including policies regarding Internet use, social | 12 | | networking site use, and electronic mail use; and | 13 | | (B) monitor usage of the employer's electronic | 14 | | equipment and the employer's electronic mail without | 15 | | requesting or requiring any employee or prospective | 16 | | employee to provide any user name and password, password , | 17 | | or other means of authentication related account | 18 | | information in order to gain access to the employee's or | 19 | | prospective employee's personal online account ; and or | 20 | | profile on a social networking website. | 21 | | (C) comply with the requirements of State or Federal | 22 | | statutes, rules or regulations, case law, or rules of | 23 | | self-regulatory organizations. | 24 | | (6) (3) Nothing in this subsection shall prohibit an | 25 | | employer from obtaining about a prospective employee or an | 26 | | employee information that is in the public domain or that is |
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| 1 | | otherwise obtained in compliance with this amendatory Act of | 2 | | the 97th General Assembly. | 3 | | (7) (4) For the purposes of this subsection : , | 4 | | (A) "Prospective employee" means an applicant for | 5 | | employment. | 6 | | (B) "Electronic communications device" means any | 7 | | device that uses electronic signals to create, transmit, | 8 | | and receive information, including, without limitation, a | 9 | | computer, telephone, or personal digital assistant. | 10 | | (C) "Employer" means a person engaged in a business, | 11 | | industry, profession, trade, or other enterprise in this | 12 | | State, or any unit of State or local government. "Employer" | 13 | | includes any agent, representative, or designee of the | 14 | | employer. | 15 | | (D) "Personal online account" means an account created | 16 | | via bounded system established by an internet-based | 17 | | service that requires a user to input or store access | 18 | | information via an electronic device to view, create, | 19 | | utilize, or edit the user's account information, profile, | 20 | | display, communications, or stored data. | 21 | | (E) "Network" means a set of related, remotely | 22 | | connected devices and facilities, including more than one | 23 | | system, with the capability to transmit data among any of | 24 | | the devices and facilities. The term includes, without | 25 | | limitation, a local, regional, or global computer network. | 26 | | (F) "System" means a set of related equipment, whether |
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| 1 | | or not connected, that is used with or for a computer. | 2 | | "social networking website" means an Internet-based | 3 | | service that allows individuals to: | 4 | | (A) construct a public or semi-public profile within a | 5 | | bounded system, created by the service; | 6 | | (B) create a list of other users with whom they share a | 7 | | connection within the system; and | 8 | | (C) view and navigate their list of connections and | 9 | | those made by others within the system. | 10 | | "Social networking website" shall not include electronic | 11 | | mail. | 12 | | (Source: P.A. 97-875, eff. 1-1-13.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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