HOUSE OF REPRESENTATIVES

H.B. NO.

713

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 2

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SOCIAL MEDIA.

 

 

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

 


SECTION 1. Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"378-   Employer access to employee or potential employee personal accounts prohibited. (a) An employer shall not require or request an employee or potential employee to do any of the following:

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

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

(3) Divulge information from any personal account, except as provided in subsection (b).

(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 personal online account or 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 personal online account or 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) An employer shall not be liable for failure to request or require that an employee or potential employee disclose any information specified in subsection (a)(1) or this section.

(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) As used in this section, "personal account" means an account, service, or profile on a social networking website that is used by an employee or potential employee exclusively for personal communications unrelated to any business purposes of the employer. This definition shall not apply to any account, service, profile, or electronic mail created, maintained, used, or accessed by an employee or potential employee for business purposes of the employer or to engage in business-related communications."

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. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2100.


 


 

Report Title:

Personal Account; Privacy; Employment

 

Description:

Prohibits employers from requiring or requesting employees and potential employees to grant access to personal account usernames and passwords. Effective January 1, 2100. (SD1)

 

 

 

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