HOUSE OF REPRESENTATIVES

H.B. NO.

1305

TWENTY-EIGHTH LEGISLATURE, 2015

 

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. Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to part I 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, request, suggest, or cause an employee or potential employee to do any of the following:

(1) Disclose a username or 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 any personal account, except as provided in subsection (b).

(b) Nothing in this section shall affect an employer's existing rights and obligations to require an employee to divulge a personal account reasonably believed to be relevant to an investigation of allegations of employee misconduct or employee violation of applicable law; provided that such information is used solely for purposes of that investigation or a related proceeding.

(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 an employer-issued electronic device.

(e) 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.

(f) Nothing in this section shall be construed to conflict with or affect the application of federal law.

(g) 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, or profile 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, 2016.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Personal Account; Privacy; Employment; Social Networking Website

 

Description:

Prohibits employers from requiring, requesting, suggesting, or causing employees and potential employees to grant access to personal account usernames or passwords for a social networking website.

 

 

 

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