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.
(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:
(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. (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)