New Illinois Law Bars Employers from Requesting Login Information to Social Networking Sites | Practical Law

New Illinois Law Bars Employers from Requesting Login Information to Social Networking Sites | Practical Law

Illinois Governor Pat Quinn signed into law HB 3782, which bars employers from requesting login information or demanding access to employees' and applicants' accounts on social networking websites. The law is scheduled to take effect on January 1, 2013.

New Illinois Law Bars Employers from Requesting Login Information to Social Networking Sites

by PLC Labor & Employment and PLC Intellectual Property & Technology
Published on 03 Aug 2012 • Illinois
Illinois Governor Pat Quinn signed into law HB 3782, which bars employers from requesting login information or demanding access to employees' and applicants' accounts on social networking websites. The law is scheduled to take effect on January 1, 2013.
On August 1, 2012, Illinois Governor Pat Quinn signed into law HB 3782, which bars employers from requesting login information or demanding access to employees' and applicants' accounts on social networking websites. The law, which amends Illinois' Right to Privacy in the Workplace Act (RPWA), is scheduled to take effect on January 1, 2013.
Under the new law, employers may not:
  • Request or require that an employee or applicant provide passwords or other related account information to access accounts or profiles on social networking websites.
  • Demand access in any manner to an employee's or applicant's account or profile on a social networking website.
However, the law does not prohibit employers from:
  • Maintaining workplace policies governing the use of the employer's electronic equipment, including Internet use, social networking site use and e-mail use.
  • Monitoring the use of the employer's electronic equipment and e-mail.
  • Obtaining information about employees or applicants that is in the public domain.
The prohibitions of the law are limited to social networking websites, which the law defines as sites that allow users to create public or semi-public profiles within a bounded system and a navigable list of other users with whom they share a connection in the system. E-mail is expressly excluded from the definition.
Employers and prospective employers that violate the law are guilty of a petty offense and may be liable under the RPWA's existing enforcement provisions, which permit employees and applicants to file an action in circuit court in which they may be awarded:
  • Actual damages.
  • Costs.
  • Reasonable attorneys' fees.
  • A $200 fine for a willful and knowing violation of the RPWA.
Aggrieved individuals may also file a complaint with the Illinois Department of Labor.
With the signing of HB 3782, Illinois becomes the second state to adopt a law barring employer access to employees' and applicants' social media accounts. Maryland adopted a similar law in May 2012, and several other states and the US Congress are considering similar legislation.

Practical Implications

Illinois employers and those employers that do business in Illinois should review their employment and hiring policies to ensure that employees and applicants are not asked for or required to provide prohibited login information or access to social media accounts and profiles. Employers that violate the new law may be liable to employees and applicants in a civil suit.
With similar laws under consideration elsewhere, all employers should keep informed of legislative developments at the state and national levels.