Rep. La Shawn K. Ford
Filed: 3/27/2012
 
 

 

 

 
09700HB3782ham002LRB097 12051 JLS 68155 a



1
AMENDMENT TO HOUSE BILL 3782




2    AMENDMENT NO. ______. Amend House Bill 3782, AS AMENDED, 
3with reference to page and line numbers of House Amendment No. 
41, by replacing lines 15 and 16 of page 1 and lines 1 through 19 
5of page 2 with the following:


6        "(b)(1) It shall be unlawful for any employer to 
7    request or require any employee or prospective employee to 
8    provide any password or other related account information 
9    in order to gain access to the employee's or prospective 
10    employee's account or profile on a social networking 
11    website or to demand access in any manner to an employee's 
12    or prospective employee's account or profile on a social 
13    networking website.
14        (2) Nothing in this subsection shall limit an 
15    employer's right to:
16            (A) promulgate and maintain lawful workplace 
17        policies governing the use of the employer's 
18        electronic equipment, including policies regarding 
 
 
09700HB3782ham002- 2 -LRB097 12051 JLS 68155 a

1        Internet use, social networking site use, and 
2        electronic mail use; and
3            (B) monitor usage of the employer's electronic 
4        equipment and the employer's electronic mail without 
5        requesting or requiring any employee or prospective 
6        employee to provide any password or other related 
7        account information in order to gain access to the 
8        employee's or prospective employee's account or 
9        profile on a social networking website.
10        (3) Nothing in this subsection shall prohibit an 
11    employer from obtaining about a prospective employee or an 
12    employee information that is in the public domain or that 
13    is otherwise obtained in compliance with this amendatory 
14    Act of the 97th General Assembly.
15        (4) For the purposes of this subsection, "social 
16    networking website" means an Internet-based service that 
17    allows individuals to:
18            (A) construct a public or semi-public profile 
19        within a bounded system, created by the service;
20            (B) create a list of other users with whom they 
21        share a connection within the system; and
22            (C) view and navigate their list of connections and 
23        those made by others within the system.
24        "Social networking website" shall not include 
25    electronic mail.".