Sen. Christine Radogno

Filed: 4/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2306

2    AMENDMENT NO. ______. Amend Senate Bill 2306 by replacing
3everything after the enacting clause with the following:
 
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
14Acts.
15    (b)(1) Except as provided in this subsection, it It shall
16be unlawful for any employer to request or require any employee

 

 

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1or prospective employee to provide any password or other
2related account information in order to gain access to the
3employee's or prospective employee's account or profile on a
4social networking website or to demand access in any manner to
5an employee's or prospective employee's account or profile on a
6social networking website.
7    (2) Nothing in this subsection shall limit an employer's
8right 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 password or other related account
17    information in order to gain access to the employee's or
18    prospective employee's account or profile on a social
19    networking website.
20    (3) Nothing in this subsection shall prohibit an employer
21from obtaining about a prospective employee or an employee
22information that is in the public domain or that is otherwise
23obtained in compliance with this amendatory Act of the 97th
24General Assembly.
25    (3.5) Provided that the password, account information, or
26access sought by the employer relates to a professional

 

 

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1account, and not a personal account, nothing in this subsection
2shall prohibit or restrict an employer from complying with a
3duty to screen employees or applicants prior to hiring or to
4monitor or retain employee communications as required under
5Illinois insurance laws or federal law or by a self-regulatory
6organization as defined in Section 3(A)(26) of the Securities
7Exchange Act of 1934, 15 U.S.C. 78(A)(26).
8    (4) For the purposes of this subsection, "social networking
9website" means an Internet-based service that allows
10individuals to:
11        (A) construct a public or semi-public profile within a
12    bounded system, created by the service;
13        (B) create a list of other users with whom they share a
14    connection within the system; and
15        (C) view and navigate their list of connections and
16    those made by others within the system.
17    "Social networking website" shall not include electronic
18mail.
19    For the purposes of paragraph (3.5) of this subsection,
20"professional account" means an account, service, or profile
21created, maintained, used, or accessed by a current or
22prospective employee for business purposes of the employer.
23    For the purposes of paragraph (3.5) of this subsection,
24"personal account" means an account, service, or profile on a
25social networking website that is used by a current or
26prospective employee exclusively for personal communications

 

 

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1unrelated to any business purposes of the employer.
2(Source: P.A. 97-875, eff. 1-1-13.)".