HLS 14RS-100 ORIGINAL Page 1 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 340 BY REPRESENTATIVE JAMES 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 educational institutions from requesting or requiring certain individuals to disclose4 information that allows access to or observation of personal online accounts; to5 prohibit employers and educational institutions from taking certain actions for failure6 to disclose information that allows access to personal online accounts; to provide for7 certain individuals to self-disclose information that allows access to or observation8 of personal online accounts; to limit liability for failure to search or monitor the9 activity of an individual's personal online account; to provide for exceptions; and to10 provide for related matters.11 Be it enacted by the Legislature of Louisiana:12 Section 1. Chapter 28 of Title 51 of the Louisiana Revised Statutes of 1950,13 comprised of R.S. 51:1951 through 1955, is hereby enacted to read as follows: 14 CHAPTER 28. PERSONAL ONLINE ACCOUNT PRIVACY PROTECTION ACT15 §1951. Title16 This Chapter shall be known and may be cited as the "Personal Online17 Account Privacy Protection Act".18 §1952. Definitions19 As used in this Chapter, the terms defined in this Section have the meanings20 herein given to them, except where the context expressly indicates otherwise:21 HLS 14RS-100 ORIGINAL HB NO. 340 Page 2 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (1) "Educational institution" means a public or private educational institution1 or a separate school or department of a public or private educational institution and2 includes but is 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 the employee,18 applicant for employment, student, or prospective student uses exclusively for19 personal communications unrelated to any business purpose of the employer or20 educational institution. A personal online account does not extend to any account21 or profile created, serviced, maintained, used or accessed by a current employee,22 applicant for employment, student, or prospective student for either business23 purposes of the employer or educational institution or to engage in business-related24 communications.25 (4) "Electronic communications device" means any device that uses26 electronic signals to create, transmit, and receive information, including a computer,27 telephone, personal digital assistant, or other similar device.28 HLS 14RS-100 ORIGINAL HB NO. 340 Page 3 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §1953. Employers; prohibited activities; exceptions1 A. An employer shall not do any of the following:2 (1) Request or require an employee or applicant for employment to disclose3 any username, password, or other authentication information that allows access to4 the employee's or applicant's personal online account.5 (2) Discharge, discipline, fail to hire, or otherwise penalize or threaten to6 penalize an employee or applicant for employment for failure to disclose any7 information specified in this Subsection.8 B. An employer shall not be prohibited from doing any of the following:9 (1) Requesting or requiring an employee or applicant for employment to10 disclose any username, password, or other authentication information to the11 employer to gain access to or operate any of the following:12 (a) An electronic communications device paid for or supplied in whole or in13 part by the employer.14 (b) An account or service provided by the employer, obtained by virtue of15 the employee's or applicant's relationship with the employer , or used for the16 employer's business purposes.17 (2) Disciplining or discharging an employee for transferring the employer's18 proprietary or confidential information or financial data to an employee's personal19 online account without the employer's authorization.20 (3) Conducting an investigation or requiring an employee or applicant to21 cooperate in an investigation in any of the following circumstances:22 (a) If there is specific information about activity on the employee's personal23 online account, for the purpose of ensuring compliance with applicable laws,24 regulatory requirements, or prohibitions against work-related employee misconduct.25 (b) If the employer has specific information about an unauthorized transfer26 of the employer's proprietary information, confidential information, or financial data27 to an employee's or applicant's personal online account.28 HLS 14RS-100 ORIGINAL HB NO. 340 Page 4 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (4) Conducting an investigation or requiring an employee or applicant to1 cooperate in an investigation as specified in this Subsection, including requiring the2 employee or applicant to share the content that has been reported in order to make3 a factual determination, without obtaining the username and password to the4 employee's or applicant's personal online account.5 (5) Restricting or prohibiting an employee's or applicant's access to certain6 websites while using an electronic communications device paid for or supplied in7 whole or in part by the employer or while using an employer's network or resources,8 in accordance with state and federal law.9 C. If through the use of an electronic device or program that monitors an10 employer's network or the use of an employer-provided device, an employer11 inadvertently receives an employee's or applicant's username, password, or other12 authentication information, the employer shall not be liable for having the13 information, but may not use the information to access the employee's or applicant's14 personal online account.15 D. An employer shall not be prohibited or restricted from complying with16 a duty to screen employees or applicants prior to hiring or to monitor or retain17 employee communications that are established pursuant to state or federal law, rules18 or regulations, case law, or rules of self-regulatory organizations.19 E. An employer shall not be prohibited or restricted from viewing, accessing,20 or utilizing information about an employee or applicant that can be obtained without21 the information specified in Paragraph (A)(1) of this Section or that is available in22 the public domain.23 F. Nothing in this Section shall be construed to prohibit or restrict an24 employee or applicant for employment from self-disclosing any username, password,25 or other authentication information to the employe r that allows access to the26 employee's or applicant's personal online account.27 §1954. Educational institutions; prohibited activities; exceptions28 A. An educational institution shall not do any of the following:29 HLS 14RS-100 ORIGINAL HB NO. 340 Page 5 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (1) Request or require a student or prospective student to disclose any1 username, password, or other authentication information that allows access to the2 student's or prospective student's personal online account.3 (2) Expel, discipline, fail to admit, or otherwise penalize or threaten to4 penalize a student or prospective student for failure to disclose any information5 specified in this Subsection.6 B. An educational institution shall not be prohibited from requesting or7 requiring a student or prospective student to disclose any username, password, or8 other authentication information to the educational institution to gain access to or9 operate any of the following:10 (1) An electronic communications device paid for or supplied in whole or11 in part by the educational institution, except where the device has been provided to12 the student or prospective student with the intent to permanently transfer ownership13 of the device to the student or prospective student.14 (2) An account or service provided by the educational institution that is15 either obtained by virtue of the student's or prospective student's admission to the16 educational institution or used by the student or prospective student for educational17 purposes.18 C. An educational institution shall not be prohibited from doing any of the19 following:20 (1) Viewing, accessing, or utilizing information about a student or21 prospective student that can be obtained without the information specified in22 Paragraph (A)(1) of this Section or that is available in the public domain.23 (2) Restricting or prohibiting a student's or prospective student's access to24 certain websites while using an electronic communications device paid for or25 supplied in whole or in part by the educational institution or while using an26 educational institution's network or resources, in accordance with state and federal27 law, except where the device has been provided to the student or prospective student28 HLS 14RS-100 ORIGINAL HB NO. 340 Page 6 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. with the intent to permanently transfer the ownership of the device to the student or1 prospective student.2 D. Nothing in this Section shall be construed to prohibit or restrict a student3 or prospective student from self-disclosing any username, password, or other4 authentication information to the educational institution that allows access to the5 student's or prospective student's personal online account.6 §1955. No duty to monitor; liability7 A. This Chapter shall not create a duty for an employer or educational8 institution to search or monitor the activity of an individual's personal online9 account.10 B. An employer or educational institution shall not be liable under this11 Chapter for failure to request or require an employee, a student, an applicant for12 employmen t, or a prospective student to disclose information that allows access to13 the employee's, student's, applicant's, or prospective student's personal online14 account.15 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. 340 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 "educational institution" as a public or private educational institution or a separate school or department of a public or private 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. HLS 14RS-100 ORIGINAL HB NO. 340 Page 7 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 employee, applicant, student, or prospective student exclusively for personal communications unrelated to any business purpose of the employer or educational institution. Proposed law provides that a "personal online account" does not extend to any account or profile created, serviced, maintained, used, or accessed by a current or prospective employee, applicant, student, or prospective student for either business purposes of the employer or educational institution or to engage in business-related communications. Proposed law defines "electronic communications device" as any device using electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device. 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 or applicant for employment 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 or applicant's 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 or applicant to cooperate in an investigation in any of the following circumstances: HLS 14RS-100 ORIGINAL HB NO. 340 Page 8 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 or applicant's personal online account. Proposed law provides that an employer shall not be prohibited from conducting an investigation or requiring an employee or applicant to cooperate in an investigation, including requiring the employee or applicant to share the content that has been reported in order to make a factual determination, without obtaining the username and password to the employee's or applicant's personal online account. Proposed law provides that an employer shall not be prohibited from restricting or prohibiting an employee's or applicant'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 liable for the inadvertent receipt of personal online account access information through the use of any electronic device or program monitoring the employer's network or employer provided device; however, the employer may not use the information to access the employee's or applicant's personal online account. 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. 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 provides that no provision of proposed law shall be construed to prohibit or restrict an employee or applicant for employment from self-disclosing any username, password, or other authentication information to the employer allowing access to the employee's or applicant's personal online account. 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 or prospective 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 or prospective student with the intent to permanently transfer the ownership of the device to the student or prospective student. HLS 14RS-100 ORIGINAL HB NO. 340 Page 9 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2)An account or service provided by the educational institution that is either obtained by virtue of the student's or prospective student's admission to the educational institution or used by the student or prospective student for educational purposes. Proposed law provides that an educational institution shall not be prohibited from viewing, accessing, or utilizing information about a student or prospective student that can be obtained without any required access information or that is available in the public domain. Proposed law provides that an educational institution shall not be prohibited from restricting or prohibiting a student's or prospective student's access to certain websites while the student or prospective student uses an electronic communications device paid for or supplied in whole or in part by the educational institution or while the student or prospective student uses an educational institution's network, unless the device has been provided with the intent to permanently transfer ownership of the device to the student or prospective student. Proposed law provides that no provision of proposed law shall be construed to prohibit or restrict an employee or applicant for employment from self-disclosing any username, password, or other authentication information to the employer allowing access to the employee's or applicant's personal online account. 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. Proposed law provides that an employer or educational institution shall not be liable for failure to request or require an employee, a student, an applicant for employment, or a prospective student to disclose information that allows access to the employee's, applicant's, student's, or prospective student's personal online account. (Adds R.S. 51:1951-1955)