State of Illinois
2013 and 2014


Introduced 2/15/2013, by Sen. Christine Radogno


820 ILCS 55/10  from Ch. 48, par. 2860

    Amends the Right to Privacy in the Workplace Act. Provides that the restriction on an employer's request for information concerning an employee's social networking profile or website applies to only the employee's personal account. Defines terms. Provides that employers are not prohibited from complying with the rules of self-regulatory organizations.

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1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Right to Privacy in the Workplace Act is
5amended 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
9written application or in any other manner, of any prospective
10employee or of the prospective employee's previous employers,
11whether that prospective employee has ever filed a claim for
12benefits under the Workers' Compensation Act or Workers'
13Occupational Diseases Act or received benefits under these
15    (b)(1) It shall be unlawful for any employer to request or
16require any employee or prospective employee to provide any
17password or other related account information in order to gain
18access to the employee's or prospective employee's personal
19account or profile on a social networking website or to demand
20access in any manner to an employee's or prospective employee's
21personal account or profile on a social networking website.
22    (2) Nothing in this subsection shall limit an employer's
23right to:



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1        (A) promulgate and maintain lawful workplace policies
2    governing the use of the employer's electronic equipment,
3    including policies regarding Internet use, social
4    networking site use, and electronic mail use; and
5        (B) monitor usage of the employer's electronic
6    equipment and the employer's electronic mail without
7    requesting or requiring any employee or prospective
8    employee to provide any password or other related account
9    information in order to gain access to the employee's or
10    prospective employee's account or profile on a social
11    networking website; or .
12        (C) comply with the requirements of State or federal
13    statutes, rules, regulations, case law, or rules of
14    self-regulatory organizations.
15    (3) Nothing in this subsection shall prohibit an employer
16from obtaining about a prospective employee or an employee
17information that is in the public domain or that is otherwise
18obtained in compliance with this amendatory Act of the 97th
19General Assembly.
20    (4) For the purposes of this subsection, "social networking
21website" means an Internet-based service that allows
22individuals to:
23        (A) construct a public or semi-public profile within a
24    bounded system, created by the service;
25        (B) create a list of other users with whom they share a
26    connection within the system; and



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1        (C) view and navigate their list of connections and
2    those made by others within the system.
3    "Social networking website" shall not include electronic
5    For purposes of this subsection, "personal account" means
6an account, service, or profile on a social networking website
7that is used by a current or prospective employee exclusively
8for personal communications unrelated to any business purposes
9of the employer. This definition does not apply to any account,
10service, or profile created, maintained, used, or accessed by a
11current or prospective employee for business purposes of the
12employer or to engage in business related communications.
13(Source: P.A. 97-875, eff. 1-1-13.)