Full Text of HB4999 99th General Assembly
HB4999ham001 99TH GENERAL ASSEMBLY | Rep. Will Guzzardi Filed: 3/28/2016
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| 1 | | AMENDMENT TO HOUSE BILL 4999
| 2 | | AMENDMENT NO. ______. Amend House Bill 4999 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | to, or use of: | 2 | | (1) an electronic communication service that provides | 3 | | the ability to send or receive wire or electronic | 4 | | communications; | 5 | | (2) a remote computing service that provides computer | 6 | | storage or processing services by means of an electronic | 7 | | communications system; or | 8 | | (3) a location information service such as a global | 9 | | positioning service or other mapping, locational, or | 10 | | directional information service. | 11 | | "Electronic device" does not mean devices used by a | 12 | | governmental agency or by a company operating under a contract | 13 | | with a governmental agency for toll collection, traffic | 14 | | enforcement, or license plate reading.
| 15 | | "Law enforcement agency" means any agency of this State or | 16 | | a political subdivision of this State which is vested by law | 17 | | with the duty to maintain public order or enforce criminal | 18 | | laws.
| 19 | | "Location information" means any information concerning | 20 | | the location of an electronic device that, in whole or in part, | 21 | | is generated by or derived from the operation of that device.
| 22 | | "Social networking website" has the same meaning ascribed | 23 | | to the term in paragraph (4) of subsection (b) of Section 10 of | 24 | | the Right to Privacy in the Workplace Act.
| 25 | | (Source: P.A. 98-1104, eff. 8-26-14.) |
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| 1 | | Section 10. The Right to Privacy in the Workplace Act is | 2 | | amended by changing Section 10 as follows:
| 3 | | (820 ILCS 55/10) (from Ch. 48, par. 2860)
| 4 | | Sec. 10. Prohibited inquiries ; online activities . | 5 | | (a) It shall be unlawful for any employer
to inquire, in a | 6 | | written application or in any other manner, of any
prospective | 7 | | employee or of the prospective employee's previous employers,
| 8 | | whether that prospective employee has ever filed a claim for | 9 | | benefits under
the Workers' Compensation Act or Workers' | 10 | | Occupational Diseases Act or
received benefits under these | 11 | | Acts.
| 12 | | (b)(1) Except as provided in this subsection, it shall be | 13 | | unlawful for any employer or prospective employer to : | 14 | | (A) request , or require , or coerce any employee or | 15 | | prospective employee to provide a user name and password or | 16 | | any password or other related account information in order | 17 | | to gain access to the employee's or prospective employee's | 18 | | personal online account or profile on a social networking | 19 | | website or to demand access in any manner to an employee's | 20 | | or prospective employee's personal online account ; or | 21 | | profile on a social networking website. | 22 | | (B) request, require, or coerce an employee or | 23 | | applicant to authenticate or access a personal online | 24 | | account in the presence of the employer; | 25 | | (C) require or coerce an employee or applicant to |
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| 1 | | invite the employer to join a group affiliated with any | 2 | | personal online account of the employee or applicant; | 3 | | (D) require or coerce an employee or applicant to join | 4 | | an online account established by the employer or add the | 5 | | employer or an employment agency to the employee's or | 6 | | applicant's list of contacts that enable the contacts to | 7 | | access the employee or applicant's personal online | 8 | | account; | 9 | | (E) discharge, discipline, discriminate against, | 10 | | retaliate against, or otherwise penalize an employee for | 11 | | (i) refusing or declining to provide the employer with a | 12 | | user name and password, password, or any other | 13 | | authentication means for accessing his or her personal | 14 | | online account, (ii) refusing or declining to authenticate | 15 | | or access a personal online account in the presence of the | 16 | | employer, (iii) refusing to invite the employer to join a | 17 | | group affiliated with any personal online account of the | 18 | | employee, (iv) refusing to join an online account | 19 | | established by the employer, or (v) filing or causing to be | 20 | | filed any complaint, whether orally or in writing, with a | 21 | | public or private body or court concerning the employer's | 22 | | violation of this subsection; or | 23 | | (F) fail or refuse to hire an applicant as a result of | 24 | | his or her refusal to (i) provide the employer with a user | 25 | | name and password, password, or any other authentication | 26 | | means for accessing a personal online account, (ii) |
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| 1 | | authenticate or access a personal online account in the | 2 | | presence of the employer, or (iii) invite the employer to | 3 | | join a group affiliated with a personal online account of | 4 | | the applicant. | 5 | | (2) Nothing in this subsection shall limit an employer's | 6 | | right to: | 7 | | (A) promulgate and maintain lawful workplace policies | 8 | | governing the use of the employer's electronic equipment, | 9 | | including policies regarding Internet use, social | 10 | | networking site use, and electronic mail use; or and | 11 | | (B) monitor usage of the employer's electronic | 12 | | equipment and the employer's electronic mail without | 13 | | requesting or using requiring any employee or prospective | 14 | | employee to provide any password or other related account | 15 | | information in order to gain access to the employee's or | 16 | | prospective employee's personal online account or profile | 17 | | on a social networking website . | 18 | | (3) Nothing in this subsection shall prohibit an employer | 19 | | from : | 20 | | (A) obtaining about a prospective employee or an | 21 | | employee information that is in the public domain or that | 22 | | is otherwise obtained in compliance with this amendatory | 23 | | Act of the 97th General Assembly ; . | 24 | | (B) complying with State and federal laws, rules, and | 25 | | regulations and the rules of self-regulatory organizations | 26 | | created pursuant to federal or State law when applicable; |
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| 1 | | (C) requesting or requiring an employee or applicant to | 2 | | share specific content that has been reported to the | 3 | | employer, without requesting or requiring an employee or | 4 | | applicant to provide a user name and password, password, or | 5 | | other means of authentication that provides access to an | 6 | | employee's or applicant's personal online account, for the | 7 | | purpose of: | 8 | | (i) ensuring compliance with applicable laws or | 9 | | regulatory requirements; | 10 | | (ii) investigating an allegation, based on receipt | 11 | | of specific information, of the unauthorized transfer | 12 | | of an employer's proprietary or confidential | 13 | | information or financial data to an employee or | 14 | | applicant's personal account; | 15 | | (iii) investigating an allegation, based on | 16 | | receipt of specific information, of a violation of | 17 | | applicable laws, regulatory requirements, or | 18 | | prohibitions against work-related employee misconduct; | 19 | | (iv) prohibiting an employee from using a personal | 20 | | online account for business purposes; or | 21 | | (v) prohibiting an employee or applicant from | 22 | | accessing or operating a personal online account | 23 | | during business hours, while on business property, | 24 | | while using an electronic communication device | 25 | | supplied by, or paid for by, the employer, or while | 26 | | using the employer's network or resources, to the |
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| 1 | | extent permissible under applicable laws. | 2 | | (4) If an employer inadvertently receives the username, | 3 | | password, or any other information that would enable the | 4 | | employer to gain access to the employee's or potential | 5 | | employee's personal online account through the use of an | 6 | | otherwise lawful technology that monitors the employer's | 7 | | network or employer-provided devices for network security or | 8 | | data confidentiality purposes, then the employer is not liable | 9 | | for having that information, unless the employer: | 10 | | (A) uses that information, or enables a third party to | 11 | | use that information, to access the employee or potential | 12 | | employee's personal online account; or | 13 | | (B) after the employer becomes aware that such | 14 | | information was received, does not delete the information | 15 | | as soon as is reasonably practicable, unless that | 16 | | information is being retained by the employer in connection | 17 | | with an ongoing investigation of an actual or suspected | 18 | | breach of computer, network, or data security. Where an | 19 | | employer knows or, through reasonable efforts, should be | 20 | | aware that its network monitoring technology is likely to | 21 | | inadvertently to receive such information, the employer | 22 | | shall make reasonable efforts to secure that information. | 23 | | (5) Nothing in this subsection shall prohibit or restrict | 24 | | an employer from complying with a duty to screen employees or | 25 | | applicants prior to hiring or to monitor or retain employee | 26 | | communications as required under Illinois insurance laws or |
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| 1 | | federal law or by a self-regulatory organization as defined in | 2 | | Section 3(A)(26) of the Securities Exchange Act of 1934, 15 | 3 | | U.S.C. 78(A)(26) provided (3.5) Provided that the password, | 4 | | account information, or access sought by the employer only | 5 | | relates to an online account that: | 6 | | (A) an employer supplies or pays for in full (except | 7 | | where an employer pays only for additional features or | 8 | | enhancements to an employee's personal online account); or | 9 | | (B) an employee creates or maintains on behalf of or | 10 | | under direction of an employer in connection with that | 11 | | employee's employment. a professional account, and not a | 12 | | personal account, nothing in this subsection shall | 13 | | prohibit or restrict an employer from complying with a duty | 14 | | to screen employees or applicants prior to hiring or to | 15 | | monitor or retain employee communications as required | 16 | | under Illinois insurance laws or federal law or by a | 17 | | self-regulatory organization as defined in Section | 18 | | 3(A)(26) of the Securities Exchange Act of 1934, 15 U.S.C. | 19 | | 78(A)(26). | 20 | | (6) (4) For the purposes of this subsection : , | 21 | | (A) " Social social networking website" means an | 22 | | Internet-based service that allows individuals to: | 23 | | (i) (A) construct a public or semi-public profile | 24 | | within a bounded system, created by the service; | 25 | | (ii) (B) create a list of other users with whom | 26 | | they share a connection within the system; and |
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| 1 | | (iii) (C) view and navigate their list of | 2 | | connections and those made by others within the system. | 3 | | "Social networking website" does shall not include | 4 | | electronic mail. | 5 | | (B) "Personal online account" means an online account, | 6 | | that is used by a person primarily for personal purposes. | 7 | | "Personal online account" does not include an account | 8 | | created, maintained, used, or accessed by a person for a | 9 | | business purpose of the person's employer or prospective | 10 | | employer, except that where an employer pays for additional | 11 | | features or enhancements to an employee's personal online | 12 | | account and the employee uses only those features or | 13 | | enhancements for such business purpose, then the rest of | 14 | | the account shall be considered an personal online account. | 15 | | For the purposes of paragraph (3.5) of this subsection, | 16 | | "professional account" means an account, service, or profile | 17 | | created, maintained, used, or accessed by a current or | 18 | | prospective employee for business purposes of the employer. | 19 | | For the purposes of paragraph (3.5) of this subsection, | 20 | | "personal account" means an account, service, or profile on a | 21 | | social networking website that is used by a current or | 22 | | prospective employee exclusively for personal communications | 23 | | unrelated to any business purposes of the employer. | 24 | | (Source: P.A. 97-875, eff. 1-1-13; 98-501, eff. 1-1-14.)".
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