Illinois General Assembly - Full Text of HB4999
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Full Text of HB4999  99th General Assembly


Rep. Will Guzzardi

Filed: 3/28/2016





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2    AMENDMENT NO. ______. Amend House Bill 4999 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Freedom From Location Surveillance Act is
5amended by changing Section 5 as follows:
6    (725 ILCS 168/5)
7    Sec. 5. Definitions. For the purpose of this Act:
8    "Basic subscriber information" means name, address, local
9and long distance telephone connection records or records of
10session time and durations; length of services, including start
11dates, and types of services utilized; telephone or instrument
12number or other subscriber number or identity, including any
13temporarily assigned network address; and the means and source
14of payment for the service, including the credit card or bank
15account number.
16    "Electronic device" means any device that enables access



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1to, or use of:
2        (1) an electronic communication service that provides
3    the ability to send or receive wire or electronic
4    communications;
5        (2) a remote computing service that provides computer
6    storage or processing services by means of an electronic
7    communications system; or
8        (3) a location information service such as a global
9    positioning service or other mapping, locational, or
10    directional information service.
11    "Electronic device" does not mean devices used by a
12governmental agency or by a company operating under a contract
13with a governmental agency for toll collection, traffic
14enforcement, or license plate reading.
15    "Law enforcement agency" means any agency of this State or
16a political subdivision of this State which is vested by law
17with the duty to maintain public order or enforce criminal
19    "Location information" means any information concerning
20the location of an electronic device that, in whole or in part,
21is generated by or derived from the operation of that device.
22    "Social networking website" has the same meaning ascribed
23to the term in paragraph (4) of subsection (b) of Section 10 of
24the Right to Privacy in the Workplace Act.
25(Source: P.A. 98-1104, eff. 8-26-14.)



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1    Section 10. The Right to Privacy in the Workplace Act is
2amended by changing Section 10 as follows:
3    (820 ILCS 55/10)  (from Ch. 48, par. 2860)
4    Sec. 10. Prohibited inquiries; online activities.
5    (a) It shall be unlawful for any employer to inquire, in a
6written application or in any other manner, of any prospective
7employee or of the prospective employee's previous employers,
8whether that prospective employee has ever filed a claim for
9benefits under the Workers' Compensation Act or Workers'
10Occupational Diseases Act or received benefits under these
12    (b)(1) Except as provided in this subsection, it shall be
13unlawful for any employer or prospective employer to:
14        (A) request, or require, or coerce any employee or
15    prospective employee to provide a user name and password or
16    any password or other related account information in order
17    to gain access to the employee's or prospective employee's
18    personal online account or profile on a social networking
19    website or to demand access in any manner to an employee's
20    or prospective employee's personal online account; or
21    profile on a social networking website.
22        (B) request, require, or coerce an employee or
23    applicant to authenticate or access a personal online
24    account in the presence of the employer;
25        (C) require or coerce an employee or applicant to



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1    invite the employer to join a group affiliated with any
2    personal online account of the employee or applicant;
3        (D) require or coerce an employee or applicant to join
4    an online account established by the employer or add the
5    employer or an employment agency to the employee's or
6    applicant's list of contacts that enable the contacts to
7    access the employee or applicant's personal online
8    account;
9        (E) discharge, discipline, discriminate against,
10    retaliate against, or otherwise penalize an employee for
11    (i) refusing or declining to provide the employer with a
12    user name and password, password, or any other
13    authentication means for accessing his or her personal
14    online account, (ii) refusing or declining to authenticate
15    or access a personal online account in the presence of the
16    employer, (iii) refusing to invite the employer to join a
17    group affiliated with any personal online account of the
18    employee, (iv) refusing to join an online account
19    established by the employer, or (v) filing or causing to be
20    filed any complaint, whether orally or in writing, with a
21    public or private body or court concerning the employer's
22    violation of this subsection; or
23        (F) fail or refuse to hire an applicant as a result of
24    his or her refusal to (i) provide the employer with a user
25    name and password, password, or any other authentication
26    means for accessing a personal online account, (ii)



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1    authenticate or access a personal online account in the
2    presence of the employer, or (iii) invite the employer to
3    join a group affiliated with a personal online account of
4    the applicant.
5    (2) Nothing in this subsection shall limit an employer's
6right to:
7        (A) promulgate and maintain lawful workplace policies
8    governing the use of the employer's electronic equipment,
9    including policies regarding Internet use, social
10    networking site use, and electronic mail use; or and
11        (B) monitor usage of the employer's electronic
12    equipment and the employer's electronic mail without
13    requesting or using requiring any employee or prospective
14    employee to provide any password or other related account
15    information in order to gain access to the employee's or
16    prospective employee's personal online account or profile
17    on a social networking website.
18    (3) Nothing in this subsection shall prohibit an employer
20        (A) obtaining about a prospective employee or an
21    employee information that is in the public domain or that
22    is otherwise obtained in compliance with this amendatory
23    Act of the 97th General Assembly; .
24        (B) complying with State and federal laws, rules, and
25    regulations and the rules of self-regulatory organizations
26    created pursuant to federal or State law when applicable;



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1        (C) requesting or requiring an employee or applicant to
2    share specific content that has been reported to the
3    employer, without requesting or requiring an employee or
4    applicant to provide a user name and password, password, or
5    other means of authentication that provides access to an
6    employee's or applicant's personal online account, for the
7    purpose of:
8            (i) ensuring compliance with applicable laws or
9        regulatory requirements;
10            (ii) investigating an allegation, based on receipt
11        of specific information, of the unauthorized transfer
12        of an employer's proprietary or confidential
13        information or financial data to an employee or
14        applicant's personal account;
15            (iii) investigating an allegation, based on
16        receipt of specific information, of a violation of
17        applicable laws, regulatory requirements, or
18        prohibitions against work-related employee misconduct;
19            (iv) prohibiting an employee from using a personal
20        online account for business purposes; or
21            (v) prohibiting an employee or applicant from
22        accessing or operating a personal online account
23        during business hours, while on business property,
24        while using an electronic communication device
25        supplied by, or paid for by, the employer, or while
26        using the employer's network or resources, to the



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1        extent permissible under applicable laws.
2    (4) If an employer inadvertently receives the username,
3password, or any other information that would enable the
4employer to gain access to the employee's or potential
5employee's personal online account through the use of an
6otherwise lawful technology that monitors the employer's
7network or employer-provided devices for network security or
8data confidentiality purposes, then the employer is not liable
9for having that information, unless the employer:
10        (A) uses that information, or enables a third party to
11    use that information, to access the employee or potential
12    employee's personal online account; or
13        (B) after the employer becomes aware that such
14    information was received, does not delete the information
15    as soon as is reasonably practicable, unless that
16    information is being retained by the employer in connection
17    with an ongoing investigation of an actual or suspected
18    breach of computer, network, or data security. Where an
19    employer knows or, through reasonable efforts, should be
20    aware that its network monitoring technology is likely to
21    inadvertently to receive such information, the employer
22    shall make reasonable efforts to secure that information.
23    (5) Nothing in this subsection shall prohibit or restrict
24an employer from complying with a duty to screen employees or
25applicants prior to hiring or to monitor or retain employee
26communications as required under Illinois insurance laws or



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1federal law or by a self-regulatory organization as defined in
2Section 3(A)(26) of the Securities Exchange Act of 1934, 15
3U.S.C. 78(A)(26) provided (3.5) Provided that the password,
4account information, or access sought by the employer only
5relates to an online account that:
6        (A) an employer supplies or pays for in full (except
7    where an employer pays only for additional features or
8    enhancements to an employee's personal online account); or
9        (B) an employee creates or maintains on behalf of or
10    under direction of an employer in connection with that
11    employee's employment. a professional account, and not a
12    personal account, nothing in this subsection shall
13    prohibit or restrict an employer from complying with a duty
14    to screen employees or applicants prior to hiring or to
15    monitor or retain employee communications as required
16    under Illinois insurance laws or federal law or by a
17    self-regulatory organization as defined in Section
18    3(A)(26) of the Securities Exchange Act of 1934, 15 U.S.C.
19    78(A)(26).
20    (6) (4) For the purposes of this subsection: ,
21        (A) "Social social networking website" means an
22    Internet-based service that allows individuals to:
23            (i) (A) construct a public or semi-public profile
24        within a bounded system, created by the service;
25            (ii) (B) create a list of other users with whom
26        they share a connection within the system; and



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1            (iii) (C) view and navigate their list of
2        connections and those made by others within the system.
3        "Social networking website" does shall not include
4    electronic mail.
5        (B) "Personal online account" means an online account,
6    that is used by a person primarily for personal purposes.
7    "Personal online account" does not include an account
8    created, maintained, used, or accessed by a person for a
9    business purpose of the person's employer or prospective
10    employer, except that where an employer pays for additional
11    features or enhancements to an employee's personal online
12    account and the employee uses only those features or
13    enhancements for such business purpose, then the rest of
14    the account shall be considered an personal online account.
15    For the purposes of paragraph (3.5) of this subsection,
16"professional account" means an account, service, or profile
17created, maintained, used, or accessed by a current or
18prospective employee for business purposes of the employer.
19    For the purposes of paragraph (3.5) of this subsection,
20"personal account" means an account, service, or profile on a
21social networking website that is used by a current or
22prospective employee exclusively for personal communications
23unrelated to any business purposes of the employer.
24(Source: P.A. 97-875, eff. 1-1-13; 98-501, eff. 1-1-14.)".