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Thursday, August 2, 2012
by Michael Loatman
Illinois is now the second state after Maryland to limit employer access to the social media accounts of employees and job applicants after Gov. Pat Quinn (D) Aug. 1 signed into law H.B. 3782, which amends the Illinois Right to Privacy in the Workplace Act.
The new law, effective Jan. 1, 2013, adds a provision that makes it "unlawful for any employer to request or require any employee or prospective employee to provide any password or other related [social networking] account information in order to gain access . . . or to demand access in any manner" to such an account.
"Members of the workforce should not be punished for information their employers don't legally have the right to have," Quinn said in a statement. "As use of social media continues to expand, this new law will protect workers and their right to personal privacy."
Similar laws are being considered across multiple state legislatures and in Congress. Delaware recently became the first state with a law protecting the social media accounts of students and applicants to post-secondary schools. Gov. Jack Markell (D) July 20 signed that bill, the Education Privacy Act, after it was passed unanimously by both houses of the state Legislature.
Password protection bills governing the employer-employee relationship also have passed at least one chamber in California and New York. In addition, the New Jersey Assembly recently passed two bills-one focused on higher education institutions and the other on the employee-employer relationship.
Copyright 2012, The Bureau of National Affairs, Inc.
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