Bill Text: HI HB561 | 2015 | Regular Session | Amended
Bill Title: Personal Account; Privacy; Employment; Social Media
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Enrolled - Dead) 2015-04-29 - Conference Committee Meeting will reconvene on Friday 05-01-15 10:00AM in conference room 325. [HB561 Detail]
Download: Hawaii-2015-HB561-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
561 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO SOCIAL MEDIA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 378, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . employee personal social media
§378- Employer access to employee or potential employee personal accounts prohibited. (a) As used in this section, "personal account" means an account, service, or profile on a social networking website that is used by an employee or potential employee exclusively for personal communications unrelated to any business purposes of the employer.
(b) Except as otherwise provided in this section, no employer shall require or request an employee or potential employee to do any of the following:
(1) Disclose a username or password for the purpose of accessing the employee or potential employee's personal account;
(2) Access the employee or potential employee's personal account in the presence of the employer; or
(3) Disclose information from any personal account, except as provided in subsection (c).
(c) Nothing in this section shall preclude an employer from conducting an investigation:
(1) For the purposes of ensuring compliance with applicable laws, rules, regulations, or prohibitions against work-related employee misconduct based on the receipt of specific information relating to a specific personal account; or
(2) Of an employee's actions based on the receipt of specific information about the unauthorized transfer of an employer's proprietary information, confidential information, or financial data to a personal account by an employee or other source.
An investigation as described in paragraphs (1) and (2) may include requiring the employee to disclose content from a personal account in order to enable the employer to make a factual determination.
(d) Nothing in this section shall be construed to prevent an employer from complying with the requirements of state or federal statutes, rules, regulations, or case law, or rules of self-regulatory organizations.
(e) Nothing in this section shall preclude an employer from requiring or requesting an employee to disclose a username or password for the purpose of accessing:
(1) Any electronic communications device supplied or paid for in whole or in part by the employer; or
(2) Any accounts or services provided by the employer or by virtue of the employee's employment relationship with the employer or that the employee uses for business purposes.
(f) Nothing in this section shall prohibit an employer from monitoring, reviewing, accessing, or blocking electronic data stored on an electronic communications device paid for in whole or in part by the employer, or traveling through or stored on an employer's network, in compliance with state and federal law.
(g) Nothing in this section shall diminish the authority and obligation of an employer to investigate complaints, allegations, or the occurrence of sexual, racial, or other harassment prohibited under chapter 378.
(h) An employer shall not discharge, discipline, threaten to discharge or discipline, or retaliate against an employee or potential employee for not complying with a request or demand by the employer that violates this section.
§378- Penalties. An employer who violates this section shall be fined not less than $500, but not more than $5,000 for each violation. A civil fine ordered pursuant to this section shall be deposited with the director of finance to the credit of the general fund of the State.
§378- Civil actions for injunctive relief or damages. A person who alleges a violation of this section may bring a civil action for appropriate injunctive relief or actual damages, or both, within ninety days after the occurrence of the alleged violation."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. This Act shall take effect on January 7, 2059.
Report Title:
Personal Account; Privacy; Employment; Social Media
Description:
Prohibits employers from requiring or requesting employees and potential employees to grant access to personal account usernames or passwords. Provides civil penalties and allows a civil action for injunctive relief or actual damages, or both. Effective 1/7/2059. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
