Bill Text: IL SB2306 | 2013-2014 | 98th General Assembly | Engrossed
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-Engrossed.html
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-Engrossed.html
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| 1 | AN ACT concerning employment.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Right to Privacy in the Workplace Act is | ||||||
| 5 | amended by changing Section 10 as follows:
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| 6 | (820 ILCS 55/10) (from Ch. 48, par. 2860)
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| 7 | Sec. 10. Prohibited inquiries. | ||||||
| 8 | (a) It shall be unlawful for any employer
to inquire, in a | ||||||
| 9 | written application or in any other manner, of any
prospective | ||||||
| 10 | employee or of the prospective employee's previous employers,
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| 11 | whether that prospective employee has ever filed a claim for | ||||||
| 12 | benefits under
the Workers' Compensation Act or Workers' | ||||||
| 13 | Occupational Diseases Act or
received benefits under these | ||||||
| 14 | Acts.
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| 15 | (b)(1) Except as provided in this subsection, it It shall | ||||||
| 16 | be unlawful for any employer to request or require any employee | ||||||
| 17 | or prospective employee to provide any password or other | ||||||
| 18 | related account information in order to gain access to the | ||||||
| 19 | employee's or prospective employee's account or profile on a | ||||||
| 20 | social networking website or to demand access in any manner to | ||||||
| 21 | an employee's or prospective employee's account or profile on a | ||||||
| 22 | social networking website. | ||||||
| 23 | (2) Nothing in this subsection shall limit an employer's | ||||||
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| 1 | right 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 | ||||||
| 14 | from obtaining about a prospective employee or an employee | ||||||
| 15 | information that is in the public domain or that is otherwise | ||||||
| 16 | obtained in compliance with this amendatory Act of the 97th | ||||||
| 17 | General Assembly. | ||||||
| 18 | (3.5) Provided that the password, account information, or | ||||||
| 19 | access sought by the employer relates to a professional | ||||||
| 20 | account, and not a personal account, nothing in this subsection | ||||||
| 21 | shall prohibit or restrict an employer from complying with a | ||||||
| 22 | duty to screen employees or applicants prior to hiring or to | ||||||
| 23 | monitor or retain employee communications as required under | ||||||
| 24 | Illinois insurance laws or federal law or by a self-regulatory | ||||||
| 25 | organization as defined in Section 3(A)(26) of the Securities | ||||||
| 26 | Exchange Act of 1934, 15 U.S.C. 78(A)(26). | ||||||
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| 1 | (4) For the purposes of this subsection, "social networking | ||||||
| 2 | website" means an Internet-based service that allows | ||||||
| 3 | individuals 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 | ||||||
| 11 | mail. | ||||||
| 12 | For the purposes of paragraph (3.5) of this subsection, | ||||||
| 13 | "professional account" means an account, service, or profile | ||||||
| 14 | created, maintained, used, or accessed by a current or | ||||||
| 15 | prospective 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 | ||||||
| 18 | social networking website that is used by a current or | ||||||
| 19 | prospective employee exclusively for personal communications | ||||||
| 20 | unrelated to any business purposes of the employer. | ||||||
| 21 | (Source: P.A. 97-875, eff. 1-1-13.)
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