Full Text of HB1047 98th General Assembly
HB1047ham002 98TH GENERAL ASSEMBLY | Rep. Jim Durkin Filed: 4/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1047
| 2 | | AMENDMENT NO. ______. Amend House Bill 1047, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Right to Privacy in the Workplace Act is | 6 | | amended by changing Section 10 as follows:
| 7 | | (820 ILCS 55/10) (from Ch. 48, par. 2860)
| 8 | | Sec. 10. Prohibited inquiries. | 9 | | (a) It shall be unlawful for any employer
to inquire, in a | 10 | | written application or in any other manner, of any
prospective | 11 | | employee or of the prospective employee's previous employers,
| 12 | | whether that prospective employee has ever filed a claim for | 13 | | benefits under
the Workers' Compensation Act or Workers' | 14 | | Occupational Diseases Act or
received benefits under these | 15 | | Acts.
| 16 | | (b)(1) It shall be unlawful for any employer to request or |
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| 1 | | require any employee or prospective employee to provide any | 2 | | user name and password, password , or other means of | 3 | | authentication related account information in order to gain | 4 | | access to the employee's or prospective employee's account or | 5 | | profile on a social networking website or to demand access in | 6 | | any manner to an employee's or prospective employee's personal | 7 | | internet account or profile on a social networking website . | 8 | | (2) An employer may request or require an employee to | 9 | | disclose any user name and password, password, or other means | 10 | | of authentication for accessing any accounts or services | 11 | | provided by the employer or by virtue of the employee's | 12 | | employment relationship with the employer or that the employee | 13 | | uses for business purposes. | 14 | | (3) An employer may not: | 15 | | (A) discharge, discipline, or otherwise penalize or | 16 | | threaten to discharge, discipline, or otherwise penalize | 17 | | an employee for an employee's refusal to disclose any | 18 | | information specified in paragraph (1) of this subsection | 19 | | (b); | 20 | | (B) fail or refuse to hire any prospective employee as | 21 | | a result of the prospective employee's refusal to disclose | 22 | | any information specified in paragraph (1) of this | 23 | | subsection (b); or | 24 | | (C) be held liable for failing to request or require | 25 | | that an employee or prospective employee disclose any | 26 | | information specified in paragraph (1) of this subsection |
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| 1 | | (b). | 2 | | (4) Nothing in this subsection shall prevent an employer | 3 | | from conducting an investigation: | 4 | | (A) for the purpose of ensuring or investigating past | 5 | | compliance with applicable laws, regulatory requirements, | 6 | | or prohibitions against work-related employee misconduct | 7 | | if the employer has specific information about activity in | 8 | | a personal internet account by an employee or other source; | 9 | | (B) for the purpose of investigating violations of | 10 | | applicable laws, regulatory requirements, or prohibitions | 11 | | against work-related employee misconduct if the employer | 12 | | has specific information about activity in a personal | 13 | | internet account by an employee; | 14 | | (C) for the purpose of protecting the security or | 15 | | integrity of the employer's computers, devices, networks, | 16 | | or data if the employer has specific information about | 17 | | activity in or through the personal internet account of an | 18 | | employee that has compromised or may compromise the | 19 | | security or integrity of the employer's computers, | 20 | | devices, networks, or data;
or | 21 | | (D) if the employer has specific information about the | 22 | | unauthorized transfer of an employer's proprietary | 23 | | information, confidential information, or financial data | 24 | | to a personal internet account of an employee or someone | 25 | | acting in concert with an employee. | 26 | | Conducting an investigation as specified in subparagraphs |
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| 1 | | (A), (B), (C), and (D) of this paragraph (4) may include | 2 | | requiring the employee's cooperation to share information | 3 | | relevant to making a factual determination concerning the | 4 | | matter being investigated including, if relevant, access and | 5 | | information pertaining to the employee's personal internet | 6 | | accounts. | 7 | | (5) (2) Nothing in this subsection shall limit an | 8 | | employer'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 , or require an employee's consent to | 14 | | monitor, usage of the employer's computers, devices, | 15 | | network, or data; provided, however, that while engaging in | 16 | | such monitoring, an employer may not request or require any | 17 | | employee or prospective employee to access the employee's | 18 | | or prospective employee's personal internet account for | 19 | | purposes of enabling the employer to observe activity in or | 20 | | the contents of such an account; and provided further that | 21 | | an employer undertaking such monitoring may not request or | 22 | | require electronic equipment and the employer's electronic | 23 | | mail without requesting or requiring any employee or | 24 | | prospective employee to provide any user name and password, | 25 | | password , or other means of authentication related account | 26 | | information in order to gain access to the employee's or |
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| 1 | | prospective employee's personal internet account ; and or | 2 | | profile on a social networking website. | 3 | | (C) take such actions as may be necessary to comply | 4 | | with the requirements of State or Federal statutes, rules | 5 | | or regulations, case law, or rules of self-regulatory | 6 | | organizations. | 7 | | (6) (3) Nothing in this subsection shall prohibit an | 8 | | employer from obtaining about a prospective employee or an | 9 | | employee information that is in the public domain or that is | 10 | | otherwise obtained in compliance with this amendatory Act of | 11 | | the 97th General Assembly. | 12 | | (7) (4) For the purposes of this subsection : , | 13 | | (A) "Prospective employee" means an applicant for | 14 | | employment. | 15 | | (B) "Employer" means a person engaged in a business, | 16 | | industry, profession, trade, or other enterprise in this | 17 | | State, or any unit of State or local government. "Employer" | 18 | | includes any agent, representative, or designee of the | 19 | | employer. | 20 | | (C) "Personal internet account" means an account | 21 | | created via bounded system established by an | 22 | | internet-based service that requires a user to input or | 23 | | store access information via an electronic device to view, | 24 | | create, utilize, or edit the user's account information, | 25 | | profile, display, communications, or stored data. | 26 | | "Personal internet account" does not include an account |
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| 1 | | provided by the employer, obtained by virtue of the | 2 | | employee's employment relationship with the employer, or | 3 | | used for the employer's business purposes. | 4 | | "social networking website" means an Internet-based | 5 | | service that allows individuals to: | 6 | | (A) construct a public or semi-public profile within a | 7 | | bounded system, created by the service; | 8 | | (B) create a list of other users with whom they share a | 9 | | connection within the system; and | 10 | | (C) view and navigate their list of connections and | 11 | | those made by others within the system. | 12 | | "Social networking website" shall not include electronic | 13 | | mail. | 14 | | (Source: P.A. 97-875, eff. 1-1-13.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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