Bill Text: HI SB207 | 2014 | Regular Session | Amended

Hawaii Senate Bill 207 (Prior Session Legislation)

Bill Title: Social Media; Password; Username; Privacy; Employer; Employee; Employment

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB207 Detail]

Download: Hawaii-2014-SB207-Amended.html

THE SENATE	S.B. NO.	207
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SOCIAL MEDIA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that existing law generally regulates the conduct of employers in the State.

The purpose of this Act is to prohibit an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of obtaining access to the employee's or applicant's social media accounts. This Act also prohibits an employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand by the employer that violates these provisions.

SECTION 2. Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§378- Employer access to employee personal media prohibited. (a) An employer shall not require or request an employee or applicant for employment to do any of the following:

(1) Disclose a username or password for the purpose of accessing the employee's or applicant's personal account;

(2) Access the employee's or applicant's personal account in the presence of the employer; or

(3) Divulge any information in a personal account, except as provided in subsection (b).

(b) Nothing in this section shall preclude an employer from conducting an investigation or requiring that an employee cooperate in an investigation under the following circumstances where an employer:

(1) Has received specific information about an employee's use of a personal account for business purposes to ensure compliance with applicable laws, regulatory requirements, or prohibitions against business-related employee misconduct; or

(2) Has specific information about the unauthorized transfer of the employer's proprietary information, confidential information, or financial data to an employee's personal account.

(c) 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 an employer-issued electronic device.

(d) An employer shall not be held liable for failure to request or require that an employee or applicant disclose any information specified in subsection (a)(1).

(e) An employer shall not discharge, discipline, threaten to discharge or discipline, or retaliate against an employee or applicant for not complying with a request or demand by the employer that violates this section; provided that this section shall not prohibit an employer from terminating or taking an adverse action against an employee or applicant if otherwise permitted by law.

(f) As used in this section, "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 shall not apply to any account, service, profile, or electronic mail created, maintained, used, or accessed by a current or prospective employee for business purposes of the employer or to engage in business related communications."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

Report Title:

Social Media; Password; Username; Privacy; Employer; Employee; Employment

Description:

Prohibits employers from requiring employees and applicants for employment to disclose their personal account usernames or passwords, divulge information in a personal account, or access a personal account in the presence of the employer. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.