Rep. Jim Durkin

Filed: 4/12/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1047

2    AMENDMENT NO. ______. Amend House Bill 1047, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Right to Privacy in the Workplace Act is
6amended by changing Section 10 as follows:
 
7    (820 ILCS 55/10)  (from Ch. 48, par. 2860)
8    Sec. 10. Prohibited inquiries.
9    (a) It shall be unlawful for any employer to inquire, in a
10written application or in any other manner, of any prospective
11employee or of the prospective employee's previous employers,
12whether that prospective employee has ever filed a claim for
13benefits under the Workers' Compensation Act or Workers'
14Occupational Diseases Act or received benefits under these
15Acts.
16    (b)(1) It shall be unlawful for any employer to request or

 

 

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1require any employee or prospective employee to provide any
2user name and password, password, or other means of
3authentication related account information in order to gain
4access to the employee's or prospective employee's account or
5profile on a social networking website or to demand access in
6any manner to an employee's or prospective employee's personal
7internet account or profile on a social networking website.
8    (2) An employer may request or require an employee to
9disclose any user name and password, password, or other means
10of authentication for accessing any accounts or services
11provided by the employer or by virtue of the employee's
12employment relationship with the employer or that the employee
13uses for business purposes.
14    (3) An employer may not:
15        (A) discharge, discipline, or otherwise penalize or
16    threaten to discharge, discipline, or otherwise penalize
17    an employee for an employee's refusal to disclose any
18    information specified in paragraph (1) of this subsection
19    (b);
20        (B) fail or refuse to hire any prospective employee as
21    a result of the prospective employee's refusal to disclose
22    any information specified in paragraph (1) of this
23    subsection (b); or
24        (C) be held liable for failing to request or require
25    that an employee or prospective employee disclose any
26    information specified in paragraph (1) of this subsection

 

 

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1    (b).
2    (4) Nothing in this subsection shall prevent an employer
3from conducting an investigation:
4        (A) for the purpose of ensuring or investigating past
5    compliance with applicable laws, regulatory requirements,
6    or prohibitions against work-related employee misconduct
7    if the employer has specific information about activity in
8    a personal internet account by an employee or other source;
9        (B) for the purpose of investigating violations of
10    applicable laws, regulatory requirements, or prohibitions
11    against work-related employee misconduct if the employer
12    has specific information about activity in a personal
13    internet account by an employee;
14        (C) for the purpose of protecting the security or
15    integrity of the employer's computers, devices, networks,
16    or data if the employer has specific information about
17    activity in or through the personal internet account of an
18    employee that has compromised or may compromise the
19    security or integrity of the employer's computers,
20    devices, networks, or data; or
21        (D) if the employer has specific information about the
22    unauthorized transfer of an employer's proprietary
23    information, confidential information, or financial data
24    to a personal internet account of an employee or someone
25    acting in concert with an employee.
26    Conducting an investigation as specified in subparagraphs

 

 

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1(A), (B), (C), and (D) of this paragraph (4) may include
2requiring the employee's cooperation to share information
3relevant to making a factual determination concerning the
4matter being investigated including, if relevant, access and
5information pertaining to the employee's personal internet
6accounts.
7    (5) (2) Nothing in this subsection shall limit an
8employer'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, or require an employee's consent to
14    monitor, usage of the employer's computers, devices,
15    network, or data; provided, however, that while engaging in
16    such monitoring, an employer may not request or require any
17    employee or prospective employee to access the employee's
18    or prospective employee's personal internet account for
19    purposes of enabling the employer to observe activity in or
20    the contents of such an account; and provided further that
21    an employer undertaking such monitoring may not request or
22    require electronic equipment and the employer's electronic
23    mail without requesting or requiring any employee or
24    prospective employee to provide any user name and password,
25    password, or other means of authentication related account
26    information in order to gain access to the employee's or

 

 

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1    prospective employee's personal internet account; and or
2    profile on a social networking website.
3        (C) take such actions as may be necessary to comply
4    with the requirements of State or Federal statutes, rules
5    or regulations, case law, or rules of self-regulatory
6    organizations.
7    (6) (3) Nothing in this subsection shall prohibit an
8employer from obtaining about a prospective employee or an
9employee information that is in the public domain or that is
10otherwise obtained in compliance with this amendatory Act of
11the 97th General Assembly.
12    (7) (4) For the purposes of this subsection: ,
13        (A) "Prospective employee" means an applicant for
14    employment.
15        (B) "Employer" means a person engaged in a business,
16    industry, profession, trade, or other enterprise in this
17    State, or any unit of State or local government. "Employer"
18    includes any agent, representative, or designee of the
19    employer.
20        (C) "Personal internet account" means an account
21    created via bounded system established by an
22    internet-based service that requires a user to input or
23    store access information via an electronic device to view,
24    create, utilize, or edit the user's account information,
25    profile, display, communications, or stored data.
26    "Personal internet account" does not include an account

 

 

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1    provided by the employer, obtained by virtue of the
2    employee's employment relationship with the employer, or
3    used for the employer's business purposes.
4        "social networking website" means an Internet-based
5    service that allows individuals to:
6        (A) construct a public or semi-public profile within a
7    bounded system, created by the service;
8        (B) create a list of other users with whom they share a
9    connection within the system; and
10        (C) view and navigate their list of connections and
11    those made by others within the system.
12    "Social networking website" shall not include electronic
13mail.
14(Source: P.A. 97-875, eff. 1-1-13.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".