Rep. La Shawn K. Ford

Filed: 3/27/2012





09700HB3782ham002LRB097 12051 JLS 68155 a


2    AMENDMENT NO. ______. Amend House Bill 3782, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
41, by replacing lines 15 and 16 of page 1 and lines 1 through 19
5of page 2 with the following:
6        "(b)(1) It shall be unlawful for any employer to
7    request or require any employee or prospective employee to
8    provide any password or other related account information
9    in order to gain access to the employee's or prospective
10    employee's account or profile on a social networking
11    website or to demand access in any manner to an employee's
12    or prospective employee's account or profile on a social
13    networking website.
14        (2) Nothing in this subsection shall limit an
15    employer's right to:
16            (A) promulgate and maintain lawful workplace
17        policies governing the use of the employer's
18        electronic equipment, including policies regarding



09700HB3782ham002- 2 -LRB097 12051 JLS 68155 a

1        Internet use, social networking site use, and
2        electronic mail use; and
3            (B) monitor usage of the employer's electronic
4        equipment and the employer's electronic mail without
5        requesting or requiring any employee or prospective
6        employee to provide any password or other related
7        account information in order to gain access to the
8        employee's or prospective employee's account or
9        profile on a social networking website.
10        (3) Nothing in this subsection shall prohibit an
11    employer from obtaining about a prospective employee or an
12    employee information that is in the public domain or that
13    is otherwise obtained in compliance with this amendatory
14    Act of the 97th General Assembly.
15        (4) For the purposes of this subsection, "social
16    networking website" means an Internet-based service that
17    allows individuals to:
18            (A) construct a public or semi-public profile
19        within a bounded system, created by the service;
20            (B) create a list of other users with whom they
21        share a connection within the system; and
22            (C) view and navigate their list of connections and
23        those made by others within the system.
24        "Social networking website" shall not include
25    electronic mail.".