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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 REENGROSSED
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(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 test 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 REENGROSSED
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§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 REENGROSSED
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(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. An employer shall not be prohibited or restricted from requiring an24
employee to provide a personal e-mail address in order to facilitate communication25
with the employee in the event the employer's e-mail system fails.26
G. Nothing in this Section shall be construed to prohibit or restrict an27
employee or applicant for employm ent from self-disclosing any username, password,28 HLS 14RS-100 REENGROSSED
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or other authentication information to the employer that allows access to the1
employee's or applicant's personal online account.2
§1954. Educational institutions; prohibited activities; exceptions3
A. An educational institution shall not do any of the following:4
(1) Request or require a student or prospective student to disclose any5
username, password, or other authentication information that allows access to the6
student's or prospective student's personal online account.7
(2) Expel, discipline, fail to admit, or otherwise penalize or threaten to8
penalize a student or prospective student for failure to disclose any information9
specified in this Subsection.10
B. An educational institution shall not be prohibited from requesting or11
requiring a student or prospective student to disclose any username, password, or12
other authentication information to the educational institution to gain access to or13
operate any of the following:14
(1) An electronic communications device paid for or supplied in whole or15
in part by the educational institution, except where the device has been provided to16
the student or prospective student with the intent to permanently transfer ownership17
of the device to the student or prospective student.18
(2) An account or service provided by the educational institution that is19
either obtained by virtue of the student's or prospective student's admission to the20
educational institution or used by the student or prospective student for educational21
purposes.22
C. An educational institution shall not be prohibited from doing any of the23
following:24
(1) Viewing, accessing, or utilizing information about a student or25
prospective student that can be obtained without the information specified in26
Paragraph (A)(1) of this Section or that is available in the public domain.27
(2) Restricting or prohibiting a student's or prospective student's access to28
certain websites while using an electronic communications device paid for or29 HLS 14RS-100 REENGROSSED
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supplied in whole or in part by the educational institution or while using an1
educational institution's network or resources, in accordance with state and federal2
law, except where the device has been provided to the student or prospective student3
with the intent to permanently transfer the ownership of the device to the student or4
prospective student.5
D. Nothing in this Section shall be construed to prohibit or restrict a student6
or prospective student from self-disclosing any username, password, or other7
authentication information to the educational institution that allows access to the8
student's or prospective student's personal online account.9
§1955. No duty to monitor; liability10
A. This Chapter shall not create a duty for an employer or educational11
institution to search or monitor the activity of an individual's personal online12
account.13
B. An employer or educational institution shall not be liable under this14
Chapter for failure to request or require an employee, a student, an applicant for15
employment, or a prospective student to disclose information that allows access to16
the employee's, student's, applicant's, or prospective student's personal online17
account.18
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. HLS 14RS-100 REENGROSSED
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(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 test 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 is not prohibited from requesting or requiring an
employee or applicant for employm ent 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. HLS 14RS-100 REENGROSSED
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are additions.
Proposed law provides that an employer is not 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 is not prohibited from conducting an investigation
or requiring an employee or applicant 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 or applicant's personal online account.
Proposed law provides that an employer is not 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 is not 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 is not 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 is not 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 is not 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 an employer is not prohibited or restricted from requiring an
employee to provide a personal e-mail address in order to facilitate communication with the
employee, in the event the employer's e-mail system fails.
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. HLS 14RS-100 REENGROSSED
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Proposed law provides that an educational institution is not 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.
(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 is not 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 is not 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 does 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 is not 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)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Added a provision to include that an employer is not prohibited or restricted from
requiring an employee to provide a personal e-mail address to facilitate
communication with the employee, in the event the employer's e-mail system
fails.
2. Made technical change.
House Floor Amendments to the engrossed bill.
1. Clarified the term "administrator" as a "test administrator" with respect to an
educational testing service or test administrator.