Governor Quinn Considers Signing Bill Preventing Illinois Employers From Requesting Employees' and Job Seekers' Social Media Passwords

On May 22, 2012, the Illinois Senate unanimously passed HB3782 which would amend the Right to Privacy in the Workplace Act. The bill aims to prevent employers from both monitoring employees' off-duty, private social media activity and from using private social media activity to vet job applicants.

The bill would prohibit an employer from requesting that an employee or a prospective employee provide his or her social media passwords, or any other related account information such as user names, so that the employer could access the individual's social media accounts and profiles. The bill also would prevent employers from demanding access to employees' and prospective employees' social media accounts or profiles in any other manner, such as requiring the employee or job seeker to log into his or her account in the presence of an employer's representative.

The proposed law does not prevent employers from having policies governing the use of the employer's own electronic equipment. The bill specifically allows employers to have policies regulating on-duty Internet use, social networking site use and electronic mail use. Employers also are allowed to monitor the use of their own electronic equipment and their own electronic mail system. An employer can still review non-password protected social media information that is in the public domain.

The Illinois House previously passed the bill by a vote of 78-30 on March 29, 2012. Governor Quinn will now decide whether to sign the bill into law. Governor Quinn's spokesperson said the governor will review the bill once it reaches his desk. If Governor Quinn signs the bill, Illinois will become the second state to enact such legislation.

If you have any questions about this bill or social media in the workplace, we encourage you to consult with legal counsel.