DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
James HB No. 314
Abstract: Creates the Personal Online Account Privacy Protection Act.
Proposed law shall be known and may be cited as the "Personal Online Account Privacy
Protection Act".
Proposed law defines "access information" as user name, password, login information, or other
security information that protects access to personal online account.
Proposed law defines "educational institution" as a public educational institution or a separate
school or department of a public educational institution and includes but is not limited to the
following:
(1)A university, college, or junior college.
(2)An academy.
(3)An elementary or secondary school.
(4)An extension course.
(5)A kindergarten.
(6)A nursery school.
(7)A school system, school district, or intermediate school district.
(8)A business, nursing, professional, secretarial, technical, or vocational school.
(9)A public educational testing service or administrator.
(10)An agent of an educational institution.
Proposed law defines "employer" as a person, including a unit of state or local government,
engaged in a business, industry, profession, trade, or other enterprise in this state and includes an
agent, representative, or designee of the employer. Proposed law defines "personal online account" as an online account that is used by an individual
primarily or exclusively for personal communication.
Proposed law prohibits an employer from doing any of the following:
(1)Requesting or requiring an employee or an applicant for employment to disclose
information that allows access to the employee's or applicant's personal online account.
(2)Discharging, disciplining, failing to hire, or otherwise penalizing or threatening to
penalize an employee or applicant for employment for failure to disclose information that
allows access to or observation of the employee's or applicant's personal online account.
Proposed law provides that an employer shall not be prohibited from requesting or requiring an
employee to disclose access information to the employer to gain access to or operate any of the
following:
(1)An electronic communications device paid for or supplied in whole or in part by the
employer.
(2)An account or service provided by the employer, obtained by virtue of the employee's
employment relationship with the employer, or used for the employer's business purposes.
Proposed law provides that an employer shall not be prohibited from disciplining or discharging
an employee for transferring the employer's proprietary or confidential information or financial
data to an employee's personal online account without the employer's authorization.
Proposed law provides that an employer shall not be prohibited from conducting an investigation
or requiring an employee to cooperate in an investigation in any of the following circumstances:
(1)If there is specific information about activity on the employee's personal online account,
for the purpose of ensuring compliance with applicable laws, regulatory requirements, or
prohibitions against work-related employee misconduct.
(2)If the employer has specific information about an unauthorized transfer of the employer's
proprietary information, confidential information, or financial data to an employee's
personal online account.
Proposed law provides that an employer shall not be prohibited from restricting or prohibiting an
employee's access to certain websites while using an electronic communications device paid for
or supplied in whole or in part by the employer or while using an employer's network or
resources, in accordance with state and federal law.
Proposed law provides that an employer shall not be prohibited or restricted from complying with
a duty to screen employees or applicants prior to hiring or to monitor or retain employee
communications that is established under state or federal law. Provides that an employer is not liable if inadvertent access information is received through the use of a program that monitors the
employer's network, as long as the information is not used to access an employee's personal
online account.
Proposed law provides that an employer shall not be prohibited or restricted from viewing,
accessing, or utilizing information about an employee or applicant that can be obtained without
any required access information or that is available in the public domain.
Proposed law prohibits an educational institution from doing any of the following:
(1)Requesting or requiring a student or prospective student to disclose information that
allows access to the student's or prospective student's personal online account.
(2)Expelling, disciplining, failing to admit, or otherwise penalizing or threatening to
penalize a student or prospective student for failure to disclose information that allows
access to the student's or prospective student's personal online account.
Proposed law provides that an educational institution shall not be prohibited from requesting or
requiring a student to disclose access information to the educational institution to gain access to
or operate any of the following:
(1)An electronic communications device paid for or supplied in whole or in part by the
educational institution, except where the device has been provided to the student with the
intent to permanently transfer the ownership of the device to the student.
(2)An account or service provided by the educational institution that is either obtained by
virtue of the student's admission to the educational institution or used by the student for
educational purposes.
Proposed law provides that an educational institution shall not be prohibited or restricted from
viewing, accessing, or utilizing information about a student or applicant that can be obtained
without any required access information or that is available in the public domain.
Proposed law shall not create a duty for an employer or educational institution to search or
monitor the activity of an individual's personal online account.
An employer or educational institution shall not be liable under proposed law for failure to
request or require that an employee, a student, an applicant for employment, or a prospective
student to disclose information that allows access to the employee's, student's, applicants for
employment, or prospective student's personal online account.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 51:1951-1955) Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original bill.
1. Changed "Social Medial Privacy Protection Act" to "Personal Online Account Privacy
Protection Act" and changed personal social media to personal online account in all
provisions of proposed law.
2. Specified that proposed law only applies to public educational institutions and not
private.
3. Defined "personal online account" as an online account that is used by an individual
primarily or exclusively for personal communication.
4. Specified that employers and public educational institutions cannot request or require
employees or applicants or students or prospective students to disclose user names,
passwords, or authenticating information that allows access to personal online
accounts.
5. Included an exception which allows employers and educational institutions to require
disclosure of access information to gain access to electronic communications devices
that are supplied by the employer or institution, as well as those paid for by the
employer or institution.
6. Removed the provision allowing an employer to monitor, review, and access
electronic data stored on a device paid for by the employer or traveling through the
employer's network in accordance with state and federal law.
7. Provided that an employer is not liable if inadvertent access information is received
through the use of a program that monitors the employer's network, as long as the
information is not used to access an employee's personal online account.
8. Removed all penalty provisions making violations a misdemeanor and subjecting
violators to certain actions.
9. Made various technical changes.