Bill Text: IA HF272 | 2013-2014 | 85th General Assembly | Introduced

Iowa House Bill 272 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act prohibiting employers from seeking access to certain online personal employee information.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF272 Detail]

Download: Iowa-2013-HF272-Introduced.html

House File 272 - Introduced HOUSE FILE 272 BY KELLEY , KAJTAZOVIC , HALL , and RUNNING-MARQUARDT A BILL FOR An Act prohibiting employers from seeking access to certain 1 online personal employee information. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1031YH (6) 85 je/sc

H.F. 272 Section 1. NEW SECTION . 735.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Electronic communications device” means any device 4 that uses electronic signals to create, transmit, and receive 5 information. “Electronic communications device” includes 6 computers, telephones, personal digital assistants, and other 7 similar devices. 8 2. “Employer” means the state of Iowa or any political 9 subdivision, board, commission, department, or institution 10 thereof, and every other person employing employees within this 11 state. “Employer” includes an agent or representative of an 12 employer. 13 Sec. 2. NEW SECTION . 735.2 Employer prohibitions. 14 An employer shall not do any of the following: 15 1. Request or require that an employee or applicant for 16 employment disclose the employee’s or applicant’s user name, 17 password, or other means for accessing a personal account or 18 service through an electronic communications device. 19 2. Discharge, discipline, or otherwise penalize or threaten 20 to discharge, discipline, or otherwise penalize an employee for 21 an employee’s refusal to disclose the employee’s user name, 22 password, or other means for accessing a personal account or 23 service through an electronic communications device. 24 3. Fail or refuse to hire any applicant for employment as a 25 result of the applicant’s refusal to disclose the applicant’s 26 user name, password, or other means for accessing a personal 27 account or service through an electronic communications device. 28 Sec. 3. NEW SECTION . 735.3 Employee prohibitions. 29 An employee shall not download unauthorized employer 30 proprietary information or financial data to an employee’s 31 personal internet site, internet-based account, or similar 32 account. 33 Sec. 4. NEW SECTION . 735.4 Actions not prohibited —— 34 employers. 35 -1- LSB 1031YH (6) 85 je/sc 1/ 4

H.F. 272 This chapter does not prohibit an employer from doing any of 1 the following: 2 1. Requiring an employee to disclose any user name, 3 password, or other means for accessing nonpersonal accounts 4 or services that provide access to the employer’s internal 5 computer or information systems. 6 2. Based on the receipt of information about the use of 7 a personal internet site, internet-based account, or similar 8 account by an employee for business purposes, requiring the 9 employee to disclose the employee’s user name, password, or 10 other means for accessing the employee’s personal account 11 for purposes of conducting an investigation to ensure 12 compliance with applicable state or federal law or regulatory 13 requirements. 14 3. Based on the receipt of information about the 15 unauthorized downloading of an employer’s proprietary 16 information or financial data to a personal internet site, 17 internet-based account, or similar account by an employee 18 in violation of section 735.3, requiring the employee to 19 disclose the employee’s user name, password, or other means 20 for accessing the employee’s personal account for purposes of 21 investigating such action by the employee. 22 4. Complying with a duty to screen employees or applicants 23 for employment prior to hiring or to monitor or retain employee 24 communications pursuant to state or federal law. 25 5. Viewing, accessing, or utilizing information about 26 an employee or applicant for employment that can be obtained 27 without the use of any user name, password, or other means for 28 accessing a personal account or service through an electronic 29 communications device, or that is available in the public 30 domain. 31 EXPLANATION 32 This bill prohibits an employer from requesting or requiring 33 that an employee or applicant for employment disclose the 34 employee’s or applicant’s user name, password, or other 35 -2- LSB 1031YH (6) 85 je/sc 2/ 4

H.F. 272 means for accessing a personal account or service through 1 an electronic communications device. The bill prohibits 2 an employer from discharging, disciplining, or otherwise 3 penalizing or threatening to discharge, discipline, or 4 otherwise penalize an employee for an employee’s refusal 5 to disclose the employee’s user name, password, or other 6 means for accessing a personal account or service through an 7 electronic communications device. The bill also prohibits an 8 employer from failing or refusing to hire any applicant for 9 employment as a result of the applicant’s refusal to disclose 10 the applicant’s user name, password, or other means for 11 accessing a personal account or service through an electronic 12 communications device. 13 The bill defines “employer” as the state of Iowa or 14 any political subdivision, board, commission, department, 15 or institution thereof, and every other person employing 16 employees within this state. “Employer” includes an agent or 17 representative of an employer. The bill defines “electronic 18 communications device” as any device that uses electronic 19 signals to create, transmit, and receive information. 20 “Electronic communications device” includes computers, 21 telephones, personal digital assistants, and other similar 22 devices. 23 The bill prohibits an employee from downloading unauthorized 24 employer proprietary information or financial data to an 25 employee’s personal internet site, internet-based account, or 26 similar account. 27 The bill sets out various actions by an employer which 28 are not prohibited by the bill. An employer may require an 29 employee to disclose any user name, password, or other means 30 for accessing nonpersonal accounts or services that provide 31 access to the employer’s internal computer or information 32 systems. Based on the receipt of information about the use of 33 a personal internet site, internet-based account, or similar 34 account by an employee for business purposes, an employer 35 -3- LSB 1031YH (6) 85 je/sc 3/ 4

H.F. 272 may require the employee to disclose the employee’s user 1 name, password, or other means for accessing the employee’s 2 personal account for purposes of conducting an investigation 3 to ensure compliance with applicable state or federal law or 4 regulatory requirements. Based on the receipt of information 5 about the unauthorized downloading of an employer’s proprietary 6 information or financial data to a personal internet site, 7 internet-based account, or similar account by an employee in 8 violation of the bill, an employer may require the employee to 9 disclose the employee’s user name, password, or other means 10 for accessing the employee’s personal account for purposes 11 of investigating such action by an employee. An employer 12 may comply with a duty to screen employees or applicants for 13 employment prior to hiring or to monitor or retain employee 14 communications pursuant to state or federal law. An employer 15 may view, access, or utilize information about an employee 16 or applicant for employment that can be obtained without 17 the use of any user name, password, or other means for 18 accessing a personal account or service through an electronic 19 communications device, or that is available in the public 20 domain. 21 -4- LSB 1031YH (6) 85 je/sc 4/ 4