Bill Text: IL HB3782 | 2011-2012 | 97th General Assembly | Chaptered

---

Bill Title: Amends the Right to Privacy in the Workplace Act. Provides that it shall be unlawful for any employer to ask any prospective employee to provide any username, password, or other related account information in order to gain access to a social networking website where that prospective employee maintains an account or profile.

Spectrum: Moderate Partisan Bill (Democrat 17-5)

Status: (Passed) 2012-08-01 - Public Act . . . . . . . . . 97-0875 [HB3782 Detail]

Download: Illinois-2011-HB3782-Chaptered.html

---

Public Act 097-0875
HB3782 Enrolled LRB097 12051 AEK 55813 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Right to Privacy in the Workplace Act is
amended by changing Section 10 as follows:
(820 ILCS 55/10) (from Ch. 48, par. 2860)
Sec. 10. Prohibited inquiries.
(a) It shall be unlawful for any employer to inquire, in a
written application or in any other manner, of any prospective
employee or of the prospective employee's previous employers,
whether that prospective employee has ever filed a claim for
benefits under the Workers' Compensation Act or Workers'
Occupational Diseases Act or received benefits under these
Acts.
(b)(1) It shall be unlawful for any employer to request or
require any employee or prospective employee to provide any
password or other related account information in order to gain
access to the employee's or prospective employee's account or
profile on a social networking website or to demand access in
any manner to an employee's or prospective employee's account
or profile on a social networking website.
(2) Nothing in this subsection shall limit an employer's
right to:

(A) promulgate and maintain lawful workplace policies
governing the use of the employer's electronic equipment,
including policies regarding Internet use, social
networking site use, and electronic mail use; and
(B) monitor usage of the employer's electronic
equipment and the employer's electronic mail without
requesting or requiring any employee or prospective
employee to provide any password or other related account
information in order to gain access to the employee's or
prospective employee's account or profile on a social
networking website.
(3) Nothing in this subsection shall prohibit an employer
from obtaining about a prospective employee or an employee
information that is in the public domain or that is otherwise
obtained in compliance with this amendatory Act of the 97th
General Assembly.
(4) For the purposes of this subsection, "social networking
website" means an Internet-based service that allows
individuals to:
(A) construct a public or semi-public profile within a
bounded system, created by the service;
(B) create a list of other users with whom they share a
connection within the system; and
(C) view and navigate their list of connections and
those made by others within the system.
"Social networking website" shall not include electronic

mail.
(Source: P.A. 87-807.)