Law Restricts Employer Inquiries Regarding Employee Use of Personal Online Accounts

Effective January 1, 2017, a new law in Illinois makes certain changes to the restrictions on employers regarding employee personal online accounts. Specifically, the amended law prohibits employers and prospective employers from (among other things):

• Requesting, requiring, or coercing any employee or prospective employee to provide a user name and password or any password or other related account information in order to gain access to the employee's or prospective employee's personal online account or to demand access in any manner to an employee's or prospective employee's personal online account;
• Requesting, requiring, or coercing an employee or applicant to authenticate or access a personal online account in the presence of the employer;
• Requiring or coercing an employee or applicant to invite the employer to join a group affiliated with any personal online account of the employee or applicant; or
• Requiring or coercing an employee or applicant to join an online account established by the employer or add the employer or an employment agency to the employee's or applicant's list of contacts that enable the contacts to access the employee's or applicant's personal online account.

The new law defines ""Personal Online Account as an online account that is used by a person primarily for personal purposes. It does not include an account created, maintained, used, or accessed by a person for a business purpose of the person's employer or prospective employer.

Exceptions
Among other things, the amended law does not limit an employer's right to request or require an employee or applicant to share specific content that has been reported to the employer, without requesting or requiring an employee or applicant to provide a user name and password, password, or other means of authentication that provides access to an employee's or applicant's personal online account, for the purpose of:

• Requesting, requiring, or coercing any employee or prospective employee to provide a user name and password or any password or other related account information in order to gain access to the employee's or prospective employee's personal online account or to demand access in any manner to an employee's or prospective employee's personal online account;
• Requesting, requiring, or coercing an employee or applicant to authenticate or access a personal online account in the presence of the employer;
• Requiring or coercing an employee or applicant to invite the employer to join a group affiliated with any personal online account of the employee or applicant; or
• Requiring or coercing an employee or applicant to join an online account established by the employer or add the employer or an employment agency to the employee's or applicant's list of contacts that enable the contacts to access the employee's or applicant's personal online account.

Click here to read the text of the law for additional information.

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