Full Text of HB4999 99th General Assembly
HB4999enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom From Location Surveillance Act is | 5 | | amended by changing Section 5 as follows: | 6 | | (725 ILCS 168/5)
| 7 | | Sec. 5. Definitions. For the purpose of this Act: | 8 | | "Basic subscriber information" means name, address, local | 9 | | and long distance telephone connection records or records of | 10 | | session time and durations; length of services, including start | 11 | | dates, and types of services utilized; telephone or instrument | 12 | | number or other subscriber number or identity, including any | 13 | | temporarily assigned network address; and the means and source | 14 | | of payment for the service, including the credit card or bank | 15 | | account number. | 16 | | "Electronic device" means any device that enables access | 17 | | to, or use of: | 18 | | (1) an electronic communication service that provides | 19 | | the ability to send or receive wire or electronic | 20 | | communications; | 21 | | (2) a remote computing service that provides computer | 22 | | storage or processing services by means of an electronic | 23 | | communications system; or |
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| 1 | | (3) a location information service such as a global | 2 | | positioning service or other mapping, locational, or | 3 | | directional information service. | 4 | | "Electronic device" does not mean devices used by a | 5 | | governmental agency or by a company operating under a contract | 6 | | with a governmental agency for toll collection, traffic | 7 | | enforcement, or license plate reading.
| 8 | | "Law enforcement agency" means any agency of this State or | 9 | | a political subdivision of this State which is vested by law | 10 | | with the duty to maintain public order or enforce criminal | 11 | | laws.
| 12 | | "Location information" means any information concerning | 13 | | the location of an electronic device that, in whole or in part, | 14 | | is generated by or derived from the operation of that device.
| 15 | | "Social networking website" has the same meaning ascribed | 16 | | to the term in paragraph (4) of subsection (b) of Section 10 of | 17 | | the Right to Privacy in the Workplace Act.
| 18 | | (Source: P.A. 98-1104, eff. 8-26-14.) | 19 | | Section 10. The Right to Privacy in the Workplace Act is | 20 | | amended by changing Section 10 as follows:
| 21 | | (820 ILCS 55/10) (from Ch. 48, par. 2860)
| 22 | | Sec. 10. Prohibited inquiries ; online activities . | 23 | | (a) It shall be unlawful for any employer
to inquire, in a | 24 | | written application or in any other manner, of any
prospective |
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| 1 | | employee or of the prospective employee's previous employers,
| 2 | | whether that prospective employee has ever filed a claim for | 3 | | benefits under
the Workers' Compensation Act or Workers' | 4 | | Occupational Diseases Act or
received benefits under these | 5 | | Acts.
| 6 | | (b)(1) Except as provided in this subsection, it shall be | 7 | | unlawful for any employer or prospective employer to : | 8 | | (A) request , or require , or coerce any employee or | 9 | | prospective employee to provide a user name and password or | 10 | | any password or other related account information in order | 11 | | to gain access to the employee's or prospective employee's | 12 | | personal online account or profile on a social networking | 13 | | website or to demand access in any manner to an employee's | 14 | | or prospective employee's personal online account ; or | 15 | | profile on a social networking website. | 16 | | (B) request, require, or coerce an employee or | 17 | | applicant to authenticate or access a personal online | 18 | | account in the presence of the employer; | 19 | | (C) require or coerce an employee or applicant to | 20 | | invite the employer to join a group affiliated with any | 21 | | personal online account of the employee or applicant; | 22 | | (D) require or coerce an employee or applicant to join | 23 | | an online account established by the employer or add the | 24 | | employer or an employment agency to the employee's or | 25 | | applicant's list of contacts that enable the contacts to | 26 | | access the employee or applicant's personal online |
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| 1 | | account; | 2 | | (E) discharge, discipline, discriminate against, | 3 | | retaliate against, or otherwise penalize an employee for | 4 | | (i) refusing or declining to provide the employer with a | 5 | | user name and password, password, or any other | 6 | | authentication means for accessing his or her personal | 7 | | online account, (ii) refusing or declining to authenticate | 8 | | or access a personal online account in the presence of the | 9 | | employer, (iii) refusing to invite the employer to join a | 10 | | group affiliated with any personal online account of the | 11 | | employee, (iv) refusing to join an online account | 12 | | established by the employer, or (v) filing or causing to be | 13 | | filed any complaint, whether orally or in writing, with a | 14 | | public or private body or court concerning the employer's | 15 | | violation of this subsection; or | 16 | | (F) fail or refuse to hire an applicant as a result of | 17 | | his or her refusal to (i) provide the employer with a user | 18 | | name and password, password, or any other authentication | 19 | | means for accessing a personal online account, (ii) | 20 | | authenticate or access a personal online account in the | 21 | | presence of the employer, or (iii) invite the employer to | 22 | | join a group affiliated with a personal online account of | 23 | | the applicant. | 24 | | (2) Nothing in this subsection shall limit an employer's | 25 | | right to: | 26 | | (A) promulgate and maintain lawful workplace policies |
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| 1 | | governing the use of the employer's electronic equipment, | 2 | | including policies regarding Internet use, social | 3 | | networking site use, and electronic mail use; or and | 4 | | (B) monitor usage of the employer's electronic | 5 | | equipment and the employer's electronic mail without | 6 | | requesting or using requiring any employee or prospective | 7 | | employee to provide any password or other related account | 8 | | information in order to gain access to the employee's or | 9 | | prospective employee's personal online account or profile | 10 | | on a social networking website . | 11 | | (3) Nothing in this subsection shall prohibit an employer | 12 | | from : | 13 | | (A) obtaining about a prospective employee or an | 14 | | employee information that is in the public domain or that | 15 | | is otherwise obtained in compliance with this amendatory | 16 | | Act of the 97th General Assembly ; . | 17 | | (B) complying with State and federal laws, rules, and | 18 | | regulations and the rules of self-regulatory organizations | 19 | | created pursuant to federal or State law when applicable; | 20 | | (C) requesting or requiring an employee or applicant to | 21 | | share specific content that has been reported to the | 22 | | employer, without requesting or requiring an employee or | 23 | | applicant to provide a user name and password, password, or | 24 | | other means of authentication that provides access to an | 25 | | employee's or applicant's personal online account, for the | 26 | | purpose of: |
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| 1 | | (i) ensuring compliance with applicable laws or | 2 | | regulatory requirements; | 3 | | (ii) investigating an allegation, based on receipt | 4 | | of specific information, of the unauthorized transfer | 5 | | of an employer's proprietary or confidential | 6 | | information or financial data to an employee or | 7 | | applicant's personal account; | 8 | | (iii) investigating an allegation, based on | 9 | | receipt of specific information, of a violation of | 10 | | applicable laws, regulatory requirements, or | 11 | | prohibitions against work-related employee misconduct; | 12 | | (iv) prohibiting an employee from using a personal | 13 | | online account for business purposes; or | 14 | | (v) prohibiting an employee or applicant from | 15 | | accessing or operating a personal online account | 16 | | during business hours, while on business property, | 17 | | while using an electronic communication device | 18 | | supplied by, or paid for by, the employer, or while | 19 | | using the employer's network or resources, to the | 20 | | extent permissible under applicable laws. | 21 | | (4) If an employer inadvertently receives the username, | 22 | | password, or any other information that would enable the | 23 | | employer to gain access to the employee's or potential | 24 | | employee's personal online account through the use of an | 25 | | otherwise lawful technology that monitors the employer's | 26 | | network or employer-provided devices for network security or |
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| 1 | | data confidentiality purposes, then the employer is not liable | 2 | | for having that information, unless the employer: | 3 | | (A) uses that information, or enables a third party to | 4 | | use that information, to access the employee or potential | 5 | | employee's personal online account; or | 6 | | (B) after the employer becomes aware that such | 7 | | information was received, does not delete the information | 8 | | as soon as is reasonably practicable, unless that | 9 | | information is being retained by the employer in connection | 10 | | with an ongoing investigation of an actual or suspected | 11 | | breach of computer, network, or data security. Where an | 12 | | employer knows or, through reasonable efforts, should be | 13 | | aware that its network monitoring technology is likely to | 14 | | inadvertently to receive such information, the employer | 15 | | shall make reasonable efforts to secure that information. | 16 | | (5) Nothing in this subsection shall prohibit or restrict | 17 | | an employer from complying with a duty to screen employees or | 18 | | applicants prior to hiring or to monitor or retain employee | 19 | | communications as required under Illinois insurance laws or | 20 | | federal law or by a self-regulatory organization as defined in | 21 | | Section 3(A)(26) of the Securities Exchange Act of 1934, 15 | 22 | | U.S.C. 78(A)(26) provided (3.5) Provided that the password, | 23 | | account information, or access sought by the employer only | 24 | | relates to an online account that: | 25 | | (A) an employer supplies or pays; or | 26 | | (B) an employee creates or maintains on behalf of or |
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| 1 | | under direction of an employer in connection with that | 2 | | employee's employment. a professional account, and not a | 3 | | personal account, nothing in this subsection shall | 4 | | prohibit or restrict an employer from complying with a duty | 5 | | to screen employees or applicants prior to hiring or to | 6 | | monitor or retain employee communications as required | 7 | | under Illinois insurance laws or federal law or by a | 8 | | self-regulatory organization as defined in Section | 9 | | 3(A)(26) of the Securities Exchange Act of 1934, 15 U.S.C. | 10 | | 78(A)(26). | 11 | | (6) (4) For the purposes of this subsection : , | 12 | | (A) " Social social networking website" means an | 13 | | Internet-based service that allows individuals to: | 14 | | (i) (A) construct a public or semi-public profile | 15 | | within a bounded system, created by the service; | 16 | | (ii) (B) create a list of other users with whom | 17 | | they share a connection within the system; and | 18 | | (iii) (C) view and navigate their list of | 19 | | connections and those made by others within the system. | 20 | | "Social networking website" does shall not include | 21 | | electronic mail. | 22 | | (B) "Personal online account" means an online account, | 23 | | that is used by a person primarily for personal purposes. | 24 | | "Personal online account" does not include an account | 25 | | created, maintained, used, or accessed by a person for a | 26 | | business purpose of the person's employer or prospective |
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| 1 | | employer. | 2 | | For the purposes of paragraph (3.5) of this subsection, | 3 | | "professional account" means an account, service, or profile | 4 | | created, maintained, used, or accessed by a current or | 5 | | prospective employee for business purposes of the employer. | 6 | | For the purposes of paragraph (3.5) of this subsection, | 7 | | "personal account" means an account, service, or profile on a | 8 | | social networking website that is used by a current or | 9 | | prospective employee exclusively for personal communications | 10 | | unrelated to any business purposes of the employer. | 11 | | (Source: P.A. 97-875, eff. 1-1-13; 98-501, eff. 1-1-14.)
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