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Regular Session, 2013
HOUSE BILL NO. 314
BY REPRESENTATIVES JAMES, GREENE, HUNTER, KATRINA JACKSON,
JEFFERSON, NANCY LANDRY, PIERRE, SMITH, AND THIERRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PRIVACY/COMPUTERS: Creates the Personal Online Account Privacy Protection Act
AN ACT1
To enact Chapter 28 of Title 51 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 51:1951 through 1955, relative to Internet privacy; to prohibit employers and3
public educational institutions from requesting or requiring certain individuals to4
disclose information that allows access to or observation of personal online accounts;5
to prohibit employers and public educational institutions from taking certain actions6
for failure to disclose information that allows access to personal online accounts; to7
provide for exceptions; to limit liability for failure to search or monitor the activity8
of an individual's personal online account; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Chapter 28 of Title 51 of the Louisiana Revised Statutes of 1950,11
comprised of R.S. 51:1951 through 1955, is hereby enacted to read as follows: 12
CHAPTER 28. PERSONAL ONLINE ACCOUNT PRIVACY PROTECTION ACT13
§1951. Title14
This Chapter shall be known and may be cited as the "Personal Online15
Account Privacy Protection Act".16
§1952. Definitions17
As used in this Chapter, the terms defined in this Section have the meanings18
herein given to them, except where the context expressly indicates otherwise:19 HLS 13RS-234 REENGROSSED
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(1) "Educational institution" means a public educational institution or a1
separate school or department of a public educational institution and includes but is2
not limited to the following:3
(a) A university, college, or junior college.4
(b) An academy.5
(c) An elementary or secondary school.6
(d) An extension course.7
(e) A kindergarten.8
(f) A nursery school.9
(g) A school system, school district, or intermediate school district.10
(h) A business, nursing, professional, secretarial, technical, or vocational11
school.12
(i) A public or private educational testing service or administrator.13
(j) An agent of an educational institution.14
(2) "Employer" means a person, including a unit of state or local15
government, engaged in a business, industry, profession, trade, or other enterprise16
in this state and includes an agent, representative, or designee of the employer.17
(3) "Personal online account" means an online account that is used by an18
individual primarily or exclusively for personal communication.19
§1953. Employers; prohibited activities; exceptions20
A. An employer shall not do any of the following:21
(1) Request or require an employee or an applicant for employment to22
disclose any user name, password, or other authentication information that allows23
access to the employee's or applicant's personal online account.24
(2) Discharge, discipline, fail to hire, or otherwise penalize or threaten to25
penalize an employee or applicant for employment for failure to disclose any26
information specified in this Subsection.27
B. An employer shall not be prohibited from doing any of the following:28 HLS 13RS-234 REENGROSSED
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(1) Requesting or requiring an employee to disclose any user name,1
password, or other authentication information to the employer to gain access to or2
operate any of the following:3
(a) An electronic communications device paid for or supplied in whole or in4
part by the employer.5
(b) An account or service provided by the employer, obtained by virtue of6
the employee's employment relationship with the employer, or used for the7
employer's business purposes.8
(2) Disciplining or discharging an employee for transferring the employer's9
proprietary or confidential information or financial data to an employee's personal10
online account without the employer's authorization.11
(3) Conducting an investigation or requiring an employee to cooperate in an12
investigation in any of the following circumstances:13
(a) If there is specific information about activity on the employee's personal14
online account, for the purpose of ensuring compliance with applicable laws,15
regulatory requirements, or prohibitions against work-related employee misconduct.16
(b) If the employer has specific information about an unauthorized transfer17
of the employer's proprietary information, confidential information, or financial data18
to an employee's personal online account.19
(4) Conducting an investigation or requiring an employee to cooperate in an20
investigation as specified in this Subsection, including requiring the employee to21
share the content that has been reported in order to make a factual determination,22
without obtaining the user name and password to the employee's personal online23
account.24
(5) Restricting or prohibiting an employee's access to certain websites while25
using an electronic communications device paid for or supplied in whole or in part26
by the employer or while using an employer's network or resources, in accordance27
with state and federal law.28 HLS 13RS-234 REENGROSSED
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C. If through the use of an electronic device or program that monitors an1
employer's network or the use of an employer provided device, an employer2
inadvertently receives an employee's user name, password, or other authentication3
information, the employer shall not be liable for having the information, but may not4
use the information to access the employee's personal online account.5
D. An employer shall not be prohibited or restricted from complying with6
a duty to screen employees or applicants prior to hiring or to monitor or retain7
employee communications that are established pursuant to state or federal law, rules8
or regulations, case law, or rules of self-regulatory organizations.9
E. An employer shall not be prohibited or restricted from viewing, accessing,10
or utilizing information about an employee or applicant that can be obtained without11
the information specified in Paragraph (A)(1) of this Section or that is available in12
the public domain.13
§1954. Educational institutions; prohibited activities; exceptions14
A. An educational institution shall not do any of the following:15
(1) Request or require a student or prospective student to disclose any user16
name, password, or other authentication information that allows access to the17
student's or prospective student's personal online account.18
(2) Expel, discipline, fail to admit, or otherwise penalize or threaten to19
penalize a student or prospective student for failure to disclose any information20
specified in this Subsection.21
B. An educational institution shall not be prohibited from requesting or22
requiring a student to disclose any user name, password, or other authentication23
information to the educational institution to gain access to or operate any of the24
following:25
(1) An electronic communications device paid for or supplied in whole or26
in part by the educational institution, except where the device has been provided to27
the student with the intent to permanently transfer the ownership of the device to the28
student.29 HLS 13RS-234 REENGROSSED
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(2) An account or service provided by the educational institution that is1
either obtained by virtue of the student's admission to the educational institution or2
used by the student for educational purposes.3
C. An educational institution shall not be prohibited or restricted from4
viewing, accessing, or utilizing information about a student or applicant that can be5
obtained without the information specified in Paragraph (A)(1) of this Section or that6
is available in the public domain.7
§1955. No duty to monitor; liability8
A. This Chapter shall not create a duty for an employer or educational9
institution to search or monitor the activity of an individual's personal online10
account.11
B. An employer or educational institution shall not be liable under this12
Chapter for failure to request or require that an employee, a student, an applicant for13
employment, or a prospective student to disclose information that allows access to14
the employee's, student's, applicants for employment, or prospective student's15
personal online account.16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
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". HLS 13RS-234 REENGROSSED
HB NO. 314
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are additions.
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. HLS 13RS-234 REENGROSSED
HB NO. 314
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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 shall not be 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 the 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. HLS 13RS-234 REENGROSSED
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are additions.
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 disclose information that allows access to the employee's, student's, applicant for
employment's, 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.
House Floor Amendments to the engrossed bill.
1. Makes technical changes.