Rep. Jim Durkin

Filed: 5/15/2013

 

 


 

 


 
09800SB2306ham001LRB098 07066 JLS 45767 a

1
AMENDMENT TO SENATE BILL 2306

2    AMENDMENT NO. ______. Amend Senate Bill 2306 on page 1 by
3replacing lines 17 through 23 with the following.
 
4"or prospective employee to provide any user name and password,
5password, or other means of authentication related account
6information in order to gain access to the employee's or
7prospective employee's account or profile on a social
8networking website or to demand access in any manner to an
9employee's or prospective employee's personal Internet account
10or profile on a social networking website.
11    (2) An employer may request that an employee disclose any
12user name and password, password, or other means of
13authentication for accessing any accounts or services provided
14by the employer or by virtue of the employee's employment
15relationship with the employer or that the employee uses for
16business purposes.
17    (3) An employer may not:

 

 

09800SB2306ham001- 2 -LRB098 07066 JLS 45767 a

1        (A) discharge, discipline, or otherwise penalize or
2    threaten to discharge, discipline, or otherwise penalize
3    an employee for an employee's refusal to disclose any
4    information specified in paragraph (1) of this subsection
5    (b);
6        (B) fail or refuse to hire any prospective employee as
7    a result of the prospective employee's refusal to disclose
8    any information specified in paragraph (1) of this
9    subsection (b); or
10        (C) be held liable for failing to request or require
11    that an employee or prospective employee disclose any
12    information specified in paragraph (1) of this subsection
13    (b).
14    (4) Nothing in this subsection shall prevent an employer
15from conducting an investigation:
16        (A) for the purpose of ensuring or investigating past
17    compliance with applicable laws, regulatory requirements,
18    or prohibitions against work-related employee misconduct
19    if the employer has specific information about activity in
20    a personal Internet account by an employee or other source;
21        (B) for the purpose of investigating violations of
22    applicable laws, regulatory requirements, or prohibitions
23    against work-related employee misconduct if the employer
24    has specific information about activity in a personal
25    Internet account by an employee;
26        (C) for the purpose of protecting the security or

 

 

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1    integrity of the employer's computers, devices, networks,
2    or data if the employer has specific information about
3    activity in or through the personal Internet account of an
4    employee that has compromised or may compromise the
5    security or integrity of the employer's computers,
6    devices, networks, or data; or
7        (D) if the employer has specific information about the
8    unauthorized transfer of an employer's proprietary
9    information, confidential information, or financial data
10    to a personal Internet account of an employee or someone
11    acting in concert with an employee.
12    Conducting an investigation as specified in subparagraphs
13(A), (B), (C), and (D) of this paragraph (4) may include
14requiring the employee's cooperation to share information
15relevant to making a factual determination concerning the
16matter being investigated including, if relevant, access and
17information pertaining to the employee's personal Internet
18accounts.
19    (5) (2) Nothing in this subsection shall limit an
20employer's"; and
 
21on page 2 by placing lines 5 through 13 with the following:
 
22    "networking site use, and electronic mail use; and
23        (B) monitor, or request an employee's consent to
24    monitor, usage of the employer's computers, devices,

 

 

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1    network, or data; provided, however, that while engaging in
2    such monitoring, an employer may not request or require any
3    employee or prospective employee to access the employee's
4    or prospective employee's personal Internet account for
5    purposes of enabling the employer to observe activity in or
6    the contents of such an account; and provided further that
7    an employer undertaking such monitoring may not request or
8    require electronic equipment and the employer's electronic
9    mail without requesting or requiring any employee or
10    prospective employee to provide any user name and password,
11    password, or other means of authentication related account
12    information in order to gain access to the employee's or
13    prospective employee's personal Internet account; and or
14    profile on a social networking website.
15        (C) take such actions as may be necessary to comply
16    with the requirements of State or Federal statutes, rules
17    or regulations, case law, or rules of self-regulatory
18    organizations.
19    (6) (3) Nothing in this subsection shall prohibit an
20employer"; and
 
21on page 2, line 18, by changing "(3.5)" to "(7)"; and
 
22on page 2, line 20, by inserting "Internet" immediately before
23"account" each time it appears; and
 

 

 

09800SB2306ham001- 5 -LRB098 07066 JLS 45767 a

1by replacing all of page 3 with the following:
 
2    "(8) (4) For the purposes of this subsection:
3        (A) "Prospective employee" means an applicant for
4    employment.
5        (B) "Employer" means a person engaged in a business,
6    industry, profession, trade, or other enterprise in this
7    State, or any unit of State or local government. "Employer"
8    includes any agent, representative, or designee of the
9    employer.
10        (C) "Personal Internet account" means an account
11    created via bounded system established by an
12    Internet-based service that requires a user to input or
13    store access information via an electronic device to view,
14    create, utilize, or edit the user's account information,
15    profile, display, communications, or stored data.
16    "Personal Internet account" does not include an account
17    provided by the employer, obtained by virtue of the
18    employee's employment relationship with the employer, or
19    used for the employer's business purposes.
20        (D) "Professional Internet account" means an account
21    created via a bounded system established by an
22    Internet-based service that is created, maintained,
23    obtained, used, or accessed by virtue of the employee's
24    employment relationship with the employer or used for the
25    employer's business purpose.

 

 

09800SB2306ham001- 6 -LRB098 07066 JLS 45767 a

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