General Assembly Substitute Bill No. 159
January Session, 2013 *_____SB00159JUD___050213____*
General Assembly
Substitute Bill No. 159
January Session, 2013
*_____SB00159JUD___050213____*
AN ACT CONCERNING EMPLOYEE PRIVACY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2013) (a) For purposes of this section:
(1) "Applicant" means any person actively seeking employment from an employer;
(2) "Employee" means any person engaged in service to an employer in a business of his or her employer;
(3) "Employer" means any person engaged in business who has employees, including the state and any political subdivision thereof;
(4) "Personal on-line account" means an on-line account that is used by an employee or applicant exclusively for personal purposes and unrelated to any business purpose of such employee's or applicant's employer or prospective employer, including, but not limited to, electronic mail, social media and retail-based Internet web sites. "Personal on-line account" does not include any account created, maintained, used or accessed by an employee or applicant for business-related purposes or for a business purpose of such employee's or applicant's employer or prospective employer.
(b) No employer shall:
(1) Request or require that an employee or applicant provide such employer with a user name, password or any other authentication means for accessing a personal on-line account; or
(2) Discharge, discipline, discriminate against, retaliate against or otherwise penalize any employee or applicant (A) who refuses or declines to provide such employer with a user name, password or any other authentication means for accessing his or her personal on-line account; (B) who files, or causes to be filed, any complaint, whether verbally or in writing, with a public or private body concerning such employer's violation of subdivision (1) of this subsection; (C) who institutes, or causes to be instituted, any proceeding concerning such employer's violation of subdivision (1) of this subsection; or (D) who testifies or is about to testify in any such proceeding.
(c) (1) The Attorney General may bring an action in Superior Court against an employer who violates any provision of subsection (b) of this section. The court may assess a civil penalty of not more than ten thousand dollars and may order such other equitable relief as the court deems appropriate.
(2) In determining the amount of any penalty under subdivision (1) of this subsection, the Attorney General shall take into account the previous record of the employer in terms of compliance with this section and the seriousness of the violation.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
New section
LAB Joint Favorable Subst. -LCO
JUD Joint Favorable
LAB
Joint Favorable Subst. -LCO
JUD
Joint Favorable