Illinois General Assembly - Full Text of SB2306
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Full Text of SB2306  98th General Assembly

SB2306eng 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB2306 EngrossedLRB098 07066 JLS 37125 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17or prospective employee to provide any password or other
18related account information in order to gain access to the
19employee's or prospective employee's account or profile on a
20social networking website or to demand access in any manner to
21an employee's or prospective employee's account or profile on a
22social networking website.
23    (2) Nothing in this subsection shall limit an employer's

 

 

SB2306 Engrossed- 2 -LRB098 07066 JLS 37125 b

1right to:
2        (A) promulgate and maintain lawful workplace policies
3    governing the use of the employer's electronic equipment,
4    including policies regarding Internet use, social
5    networking site use, and electronic mail use; and
6        (B) monitor usage of the employer's electronic
7    equipment and the employer's electronic mail without
8    requesting or requiring any employee or prospective
9    employee to provide any password or other related account
10    information in order to gain access to the employee's or
11    prospective employee's account or profile on a social
12    networking website.
13    (3) Nothing in this subsection shall prohibit an employer
14from obtaining about a prospective employee or an employee
15information that is in the public domain or that is otherwise
16obtained in compliance with this amendatory Act of the 97th
17General Assembly.
18    (3.5) Provided that the password, account information, or
19access sought by the employer relates to a professional
20account, and not a personal account, nothing in this subsection
21shall prohibit or restrict an employer from complying with a
22duty to screen employees or applicants prior to hiring or to
23monitor or retain employee communications as required under
24Illinois insurance laws or federal law or by a self-regulatory
25organization as defined in Section 3(A)(26) of the Securities
26Exchange Act of 1934, 15 U.S.C. 78(A)(26).

 

 

SB2306 Engrossed- 3 -LRB098 07066 JLS 37125 b

1    (4) For the purposes of this subsection, "social networking
2website" means an Internet-based service that allows
3individuals 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    For the purposes of paragraph (3.5) of this subsection,
13"professional account" means an account, service, or profile
14created, maintained, used, or accessed by a current or
15prospective employee for business purposes of the employer.
16    For the purposes of paragraph (3.5) of this subsection,
17"personal account" means an account, service, or profile on a
18social networking website that is used by a current or
19prospective employee exclusively for personal communications
20unrelated to any business purposes of the employer.
21(Source: P.A. 97-875, eff. 1-1-13.)