HOUSE OF REPRESENTATIVES

H.B. NO.

2415

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to social media.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

social media privacy protection

     §   -1   Definitions.  As used in this chapter:

     "Employer" shall have the same meaning as in section 378-1.

     "School" means any elementary, intermediate, middle, or high school, college, or university in the State.

     "Social networking account" means an internet-based personalized, privacy-protected website or application, whether free or commercial, that enables a user to construct a private or semi-private profile site within a bounded system, create a list of other system users who are granted reciprocal access to the individual's profile site, send and receive email, and share personal content, communications, and contacts.

     §   -2   School access to student or potential student's social networking accounts prohibited.  (a)  A school shall not require or request a student or potential student to:

     (1)  Disclose a username and password for the purpose of accessing the student or potential student's social networking account;

     (2)  Access the student or potential student's social networking account in the presence of an agent of the school so as to give the school access;

     (3)  Divulge information from any social networking account, except as provided in subsection (b); or

     (4)  Add the school or an agent of the school to the student's social networking account.

     (b)  Nothing in this section shall preclude a school from conducting an investigation for the purposes of ensuring compliance with applicable laws or prohibitions against school-related student misconduct based on the receipt of specific information about activity on a social networking online account or service by a student or other source.  Conducting an investigation includes requiring the student's cooperation to share the content that has been reported to make a factual determination.

     (c)  Nothing in this section shall be construed to prevent a school from complying with the requirements of state or federal statutes, rules, regulations, or case law.

     (d)  Nothing in this section shall preclude a school from requiring or requesting a student to disclose a username or password for the purpose of accessing:

     (1)  Any electronic communications device supplied or paid for in whole or in part by the school; or

     (2)  Any accounts or services provided by the school.

     (e)  Nothing in this section shall:

     (1)  Create a duty for a school to search or monitor the activity of a social networking account; or

     (2)  Create liability on the part of the school or its agents for failure to request or require that a student or potential student grant access to, allow observation of, or disclose information that allows access to or observation of a student's or prospective student's social networking account.

     (f)  Nothing in this section shall prohibit a school from monitoring, reviewing, accessing, or blocking electronic data stored on an electronic communications device paid for in whole or in part by the school, or traveling through or stored on a school's network, in compliance with state and federal law.

     (g)  A school shall not expel, discipline, threaten to discharge or discipline, or retaliate against a student or a potential student for not complying with a request or demand by the school that violates this section; provided that this section shall not prohibit a school from expelling or taking an adverse action against a student or potential student if otherwise permitted by law.

     (h)  A school that violates this section shall pay a fine of not more than $        .

     §   -3   Employer access to employee or potential employee social networking accounts prohibited.  (a)  An employer shall not require or request an employee or potential employee to:

     (1)  Disclose a username and password for the purpose of accessing the employee or potential employee's social networking account;

     (2)  Access the employee or potential employee's social networking account in the presence of the employer;

     (3)  Divulge information from any social networking account, except as provided in subsection (b); or

     (4)  Add the employer to the employee or potential employee's social networking account.

     (b)  Nothing in this section shall preclude an employer from conducting an investigation:

     (1)  For the purposes of ensuring compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct based on the receipt of specific information about activity on a social networking account or other personal online service by an employee or other source; or

     (2)  Of an employee's actions based on the receipt of specific information about the unauthorized transfer of an employer's proprietary information, confidential information, or financial data to a social networking account or other personal online service by an employee or other source.

Conducting an investigation as specified in paragraphs (1) and (2) includes requiring the employee's cooperation to share the content that has been reported in order to make a factual determination.

     (c)  Nothing in this section shall be construed to prevent an employer from complying with the requirements of state or federal statutes, rules, regulations, or case law, or rules of self-regulatory organizations.

     (d)  Nothing in this section shall preclude an employer from requiring or requesting an employee to disclose a username or password for the purpose of accessing:

     (1)  Any electronic communications device supplied or paid for in whole or in part by the employer; or

     (2)  Any accounts or services provided by the employer or by virtue of the employee's employment relationship with the employer or that the employee uses for business purposes.

     (e)  Nothing in this section shall:

     (1)  Create a duty for an employer to search or monitor the activity of a social networking account; or

     (2)  Create liability on the part of the employer for failure to request or require that an employee or potential employee grant access to, allow observation of, or disclose information that allows access to or observation of an employee or potential employees social networking account.

     (f)  Nothing in this section shall prohibit an employer from monitoring, reviewing, accessing, or blocking electronic data stored on an electronic communications device paid for in whole or in part by the employer, or traveling through or stored on an employer's network, in compliance with state and federal law.

     (g)  An employer shall not discharge, discipline, threaten to discharge or discipline, or retaliate against an employee or potential employee for not complying with a request or demand by the employer that violates this section; provided that this section shall not prohibit an employer from terminating or taking an adverse action against an employee or potential employee if otherwise permitted by law.

     (h)  An employer who violates this section shall pay a fine of not more than $        ."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________


 


 

Report Title:

Social Networking; Privacy

 

Description:

Prohibits employers and schools from requiring or requesting employees, potential employees, students, and potential students to grant access to social networking site account usernames and passwords.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.