Bill Text: IL SB2306 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Right to Privacy in the Workplace Act. Provides that the restriction on an employer's request for information concerning an employee's social networking profile or website applies to only the employee's personal account. Defines terms. Provides that employers are not prohibited from complying with the rules of self-regulatory organizations.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0501 [SB2306 Detail]

Download: Illinois-2013-SB2306-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2306 Introduced 2/15/2013, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED:
820 ILCS 55/10 from Ch. 48, par. 2860
Amends the Right to Privacy in the Workplace Act. Provides that the restriction on an employer's request for information concerning an employee's social networking profile or website applies to only the employee's personal account. Defines terms. Provides that employers are not prohibited from complying with the rules of self-regulatory organizations.
LRB098 07066 JLS 37125 b
A BILL FOR
SB2306 LRB098 07066 JLS 37125 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Right to Privacy in the Workplace Act is
amended by changing Section 10 as follows:
(820 ILCS 55/10) (from Ch. 48, par. 2860)
Sec. 10. Prohibited inquiries.
(a) It shall be unlawful for any employer to inquire, in a
written application or in any other manner, of any prospective
employee or of the prospective employee's previous employers,
whether that prospective employee has ever filed a claim for
benefits under the Workers' Compensation Act or Workers'
Occupational Diseases Act or received benefits under these
Acts.
(b)(1) It shall be unlawful for any employer to request or
require any employee or prospective employee to provide any
password or other related account information in order to gain
access to the employee's or prospective employee's personal
account or profile on a social networking website or to demand
access in any manner to an employee's or prospective employee's
personal account or profile on a social networking website.
(2) Nothing in this subsection shall limit an employer's
right to:

SB2306 - 2 - LRB098 07066 JLS 37125 b
(A) promulgate and maintain lawful workplace policies
governing the use of the employer's electronic equipment,
including policies regarding Internet use, social
networking site use, and electronic mail use; and
(B) monitor usage of the employer's electronic
equipment and the employer's electronic mail without
requesting or requiring any employee or prospective
employee to provide any password or other related account
information in order to gain access to the employee's or
prospective employee's account or profile on a social
networking website; or .
(C) comply with the requirements of State or federal
statutes, rules, regulations, case law, or rules of
self-regulatory organizations.
(3) Nothing in this subsection shall prohibit an employer
from obtaining about a prospective employee or an employee
information that is in the public domain or that is otherwise
obtained in compliance with this amendatory Act of the 97th
General Assembly.
(4) For the purposes of this subsection, "social networking
website" means an Internet-based service that allows
individuals to:
(A) construct a public or semi-public profile within a
bounded system, created by the service;
(B) create a list of other users with whom they share a
connection within the system; and

SB2306 - 3 - LRB098 07066 JLS 37125 b
(C) view and navigate their list of connections and
those made by others within the system.
"Social networking website" shall not include electronic
mail.
For purposes of this subsection, "personal account" means
an account, service, or profile on a social networking website
that is used by a current or prospective employee exclusively
for personal communications unrelated to any business purposes
of the employer. This definition does not apply to any account,
service, or profile created, maintained, used, or accessed by a
current or prospective employee for business purposes of the
employer or to engage in business related communications.
(Source: P.A. 97-875, eff. 1-1-13.)