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
 


SB2306LRB098 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) It shall be unlawful for any employer to request or 
16require any employee or prospective employee to provide any 
17password or other related account information in order to gain 
18access to the employee's or prospective employee's personal 
19account or profile on a social networking website or to demand 
20access in any manner to an employee's or prospective employee's 
21personal account or profile on a social networking website. 
22 (2) Nothing in this subsection shall limit an employer's 
23right to: 
 
 
SB2306- 2 -LRB098 07066 JLS 37125 b


1  (A) promulgate and maintain lawful workplace policies 
2 governing the use of the employer's electronic equipment, 
3 including policies regarding Internet use, social 
4 networking site use, and electronic mail use; and 
5  (B) monitor usage of the employer's electronic 
6 equipment and the employer's electronic mail without 
7 requesting or requiring any employee or prospective 
8 employee to provide any password or other related account 
9 information in order to gain access to the employee's or 
10 prospective employee's account or profile on a social 
11 networking website; or . 
12  (C) comply with the requirements of State or federal 
13 statutes, rules, regulations, case law, or rules of 
14 self-regulatory organizations. 
15 (3) Nothing in this subsection shall prohibit an employer 
16from obtaining about a prospective employee or an employee 
17information that is in the public domain or that is otherwise 
18obtained in compliance with this amendatory Act of the 97th 
19General Assembly. 
20 (4) For the purposes of this subsection, "social networking 
21website" means an Internet-based service that allows 
22individuals to: 
23  (A) construct a public or semi-public profile within a 
24 bounded system, created by the service; 
25  (B) create a list of other users with whom they share a 
26 connection within the system; and 
 
 
SB2306- 3 -LRB098 07066 JLS 37125 b


1  (C) view and navigate their list of connections and 
2 those made by others within the system. 
3 "Social networking website" shall not include electronic 
4mail. 
5 For purposes of this subsection, "personal account" means 
6an account, service, or profile on a social networking website 
7that is used by a current or prospective employee exclusively 
8for personal communications unrelated to any business purposes 
9of the employer. This definition does not apply to any account, 
10service, or profile created, maintained, used, or accessed by a 
11current or prospective employee for business purposes of the 
12employer or to engage in business related communications. 
13(Source: P.A. 97-875, eff. 1-1-13.)