Illinois General Assembly - Full Text of HB1047
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Full Text of HB1047  98th General Assembly

HB1047ham001 98TH GENERAL ASSEMBLY

Rep. Jim Durkin

Filed: 3/7/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1047

2    AMENDMENT NO. ______. Amend House Bill 1047 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) It shall be unlawful for any employer to request or
16require any employee or prospective employee to provide any

 

 

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1user name and password, password, or other means of
2authentication related account information in order to gain
3access to the employee's or prospective employee's account or
4profile on a social networking website or to demand access in
5any manner to an employee's or prospective employee's personal
6online account or profile on a social networking website.
7    (2) An employer may request or require an employee to
8disclose any user name and password, password, or other means
9of authentication for accessing:
10        (A) any electronic communications device supplied or
11    paid for in whole or in part by the employer; or
12        (B) any accounts or services provided by the employer
13    or by virtue of the employee's employment relationship with
14    the employer or that the employee uses for business
15    purposes.
16    (3) An employer may not:
17        (A) discharge, discipline, or otherwise penalize or
18    threaten to discharge, discipline, or otherwise penalize
19    an employee solely for an employee's refusal to disclose
20    any information specified in paragraph (1) of this
21    subsection (b);
22        (B) fail or refuse to hire any prospective employee as
23    a result of the prospective employee's refusal to disclose
24    any information specified in paragraph (1) of this
25    subsection (b); or
26        (C) be held liable for failure to request or require

 

 

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1    that an employee or prospective employee disclose any
2    information specified in paragraph (1) of this subsection
3    (b).
4    (4) Nothing in this subsection shall prevent an employer
5from conducting an investigation:
6        (A) for the purpose of ensuring compliance with
7    applicable laws, regulatory requirements, or prohibitions
8    against work-related employee misconduct based on the
9    employer's receipt of specific information about activity
10    on a personal online account by an employee or other
11    source;
12        (B) for the purpose of investigating violations of
13    applicable laws, regulatory requirements, or prohibitions
14    against work-related employee misconduct based on the
15    employer's receipt of specific information about activity
16    on a personal online account by an employee or other
17    source;
18        (C) for the purpose of protecting the security of the
19    employer's computers, networks, or system based on the
20    employer's receipt of specific information about activity
21    on a personal online account by an employer or other
22    source; or
23        (D) of an employee's actions based on the receipt of
24    specific information about the unauthorized transfer of an
25    employer's proprietary information, confidential
26    information, or financial data to a personal online account

 

 

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1    by an employee or other source.
2    Conducting an investigation as specified in subparagraphs
3(A), (B), (C), and (D) of this paragraph (4) includes requiring
4the employee's cooperation to share information that is
5relevant to making a factual determination concerning the
6matter that has been reported.
7    (5) (2) Nothing in this subsection shall limit an
8employer's right 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 user name and password, password,
17    or other means of authentication related account
18    information in order to gain access to the employee's or
19    prospective employee's personal online account; and or
20    profile on a social networking website.
21        (C) comply with the requirements of State or Federal
22    statutes, rules or regulations, case law, or rules of
23    self-regulatory organizations.
24    (6) (3) Nothing in this subsection shall prohibit an
25employer from obtaining about a prospective employee or an
26employee information that is in the public domain or that is

 

 

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1otherwise obtained in compliance with this amendatory Act of
2the 97th General Assembly.
3    (7) (4) For the purposes of this subsection: ,
4        (A) "Prospective employee" means an applicant for
5    employment.
6        (B) "Electronic communications device" means any
7    device that uses electronic signals to create, transmit,
8    and receive information, including, without limitation, a
9    computer, telephone, or personal digital assistant.
10        (C) "Employer" means a person engaged in a business,
11    industry, profession, trade, or other enterprise in this
12    State, or any unit of State or local government. "Employer"
13    includes any agent, representative, or designee of the
14    employer.
15        (D) "Personal online account" means an account created
16    via bounded system established by an internet-based
17    service that requires a user to input or store access
18    information via an electronic device to view, create,
19    utilize, or edit the user's account information, profile,
20    display, communications, or stored data.
21        (E) "Network" means a set of related, remotely
22    connected devices and facilities, including more than one
23    system, with the capability to transmit data among any of
24    the devices and facilities. The term includes, without
25    limitation, a local, regional, or global computer network.
26        (F) "System" means a set of related equipment, whether

 

 

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1    or not connected, that is used with or for a computer.
2    "social networking website" means an Internet-based
3    service that allows individuals to:
4        (A) construct a public or semi-public profile within a
5    bounded system, created by the service;
6        (B) create a list of other users with whom they share a
7    connection within the system; and
8        (C) view and navigate their list of connections and
9    those made by others within the system.
10    "Social networking website" shall not include electronic
11mail.
12(Source: P.A. 97-875, eff. 1-1-13.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".