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ACT No. 165
Regular Session, 2014
HOUSE BILL NO. 340
BY REPRESENTATIVE JAMES
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
(1) "Educational institution" means a public or private educational institution22
or a separate school or department of a public or private educational institution and23
includes but is not limited to the following:24 ENROLLEDHB NO. 340
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(a) A university, college, or junior college.1
(b) An academy.2
(c) An elementary or secondary school.3
(d) An extension course.4
(e) A kindergarten.5
(f) A nursery school.6
(g) A school system, school district, or intermediate school district.7
(h) A business, nursing, professional, secretarial, technical, or vocational8
school.9
(i) A public or private educational testing service or test administrator.10
(j) An agent of an educational institution.11
(2) "Employer" means a person, including a unit of state or local12
government, engaged in a business, industry, profession, trade, or other enterprise13
in this state and includes an agent, representative, or designee of the employer.14
(3) "Personal online account" means an online account that the employee,15
applicant for employment, student, or prospective student uses exclusively for16
personal communications unrelated to any business purpose of the employer or17
educational institution. A personal online account does not extend to any account18
or profile created, serviced, maintained, used, or accessed by a current employee,19
applicant for employment, student, or prospective student for either business20
purposes of the employer or educational institution or to engage in business-related21
communications.22
(4) "Electronic communications device" means any device that uses23
electronic signals to create, transmit, and receive information, including a computer,24
telephone, personal digital assistant, or other similar device.25
§1953. Employers; prohibited activities; exceptions26
A. An employer shall not do any of the following:27
(1) Request or require an employee or applicant for employment to disclose28
any username, password, or other authentication information that allows access to29
the employee's or applicant's personal online account.30 ENROLLEDHB NO. 340
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(2) Discharge, discipline, fail to hire, or otherwise penalize or threaten to1
penalize an employee or applicant for employment for failure to disclose any2
information specified in this Subsection.3
B. An employer shall not be prohibited from doing any of the following:4
(1) Requesting or requiring an employee or applicant for employment to5
disclose any username, password, or other authentication information to the6
employer to gain access to or operate any of the following:7
(a) An electronic communications device paid for or supplied in whole or in8
part by the employer.9
(b) An account or service provided by the employer, obtained by virtue of10
the employee's or applicant's relationship with the employer, or used for the11
employer's business purposes.12
(2) Disciplining or discharging an employee for transferring the employer's13
proprietary or confidential information or financial data to an employee's personal14
online account without the employer's authorization.15
(3) Conducting an investigation or requiring an employee or applicant to16
cooperate in an investigation in any of the following circumstances:17
(a) If there is specific information about activity on the employee's personal18
online account, for the purpose of ensuring compliance with applicable laws,19
regulatory requirements, or prohibitions against work-related employee misconduct.20
(b) If the employer has specific information about an unauthorized transfer21
of the employer's proprietary information, confidential information, or financial data22
to an employee's or applicant's personal online account.23
(4) Conducting an investigation or requiring an employee or applicant to24
cooperate in an investigation as specified in this Subsection, including requiring the25
employee or applicant to share the content that has been reported in order to make26
a factual determination, without obtaining the username and password to the27
employee's or applicant's personal online account.28
(5) Restricting or prohibiting an employee's or applicant's access to certain29
websites while using an electronic communications device paid for or supplied in30 ENROLLEDHB NO. 340
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whole or in part by the employer or while using an employer's network or resources,1
in accordance with state and federal law.2
C. If through the use of an electronic device or program that monitors an3
employer's network or the use of an employer-provided device, an employer4
inadvertently receives an employee's or applicant's username, password, or other5
authentication information, the employer shall not be liable for having the6
information, but shall not use the information to access the employee's or applicant's7
personal online account.8
D. An employer shall not be prohibited or restricted from complying with9
a duty to screen employees or applicants prior to hiring or to monitor or retain10
employee communications that are established pursuant to state or federal law, rules11
or regulations, case law, or rules of self-regulatory organizations.12
E. An employer shall not be prohibited or restricted from viewing, accessing,13
or utilizing information about an employee or applicant that can be obtained without14
the information specified in Paragraph (A)(1) of this Section or that is available in15
the public domain.16
F. An employer shall not be prohibited or restricted from requiring an17
employee to provide a personal e-mail address in order to facilitate communication18
with the employee in the event the employer's e-mail system fails.19
G. Nothing in this Section shall be construed to prohibit or restrict an20
employee or applicant for employment from self-disclosing any username, password,21
or other authentication information to the employer that allows access to the22
employee's or applicant's personal online account.23
§1954. Educational institutions; prohibited activities; exceptions24
A. An educational institution shall not do any of the following:25
(1) Request or require a student or prospective student to disclose any26
username, password, or other authentication information that allows access to the27
student's or prospective student's personal online account.28 ENROLLEDHB NO. 340
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(2) Expel, discipline, fail to admit, or otherwise penalize or threaten to1
penalize a student or prospective student for failure to disclose any information2
specified in this Subsection.3
B. An educational institution shall not be prohibited from requesting or4
requiring a student or prospective student to disclose any username, password, or5
other authentication information to the educational institution to gain access to or6
operate any of the following:7
(1) An electronic communications device paid for or supplied in whole or8
in part by the educational institution, except where the device has been provided to9
the student or prospective student with the intent to permanently transfer ownership10
of the device to the student or prospective student.11
(2) An account or service provided by the educational institution that is12
either obtained by virtue of the student's or prospective student's admission to the13
educational institution or used by the student or prospective student for educational14
purposes.15
C. An educational institution shall not be prohibited from doing any of the16
following:17
(1) Viewing, accessing, or utilizing information about a student or18
prospective student that can be obtained without the information specified in19
Paragraph (A)(1) of this Section or that is available in the public domain.20
(2) Restricting or prohibiting a student's or prospective student's access to21
certain websites while using an electronic communications device paid for or22
supplied in whole or in part by the educational institution or while using an23
educational institution's network or resources, in accordance with state and federal24
law, except where the device has been provided to the student or prospective student25
with the intent to permanently transfer the ownership of the device to the student or26
prospective student.27
D. Nothing in this Section shall be construed to prohibit or restrict a student28
or prospective student from self-disclosing any username, password, or other29 ENROLLEDHB NO. 340
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authentication information to the educational institution that allows access to the1
student's or prospective student's personal online account.2
§1955. No duty to monitor; liability3
A. This Chapter shall not create a duty for an employer or educational4
institution to search or monitor the activity of an individual's personal online5
account.6
B. An employer or educational institution shall not be liable under this7
Chapter for failure to request or require an employee, a student, an applicant for8
employment, or a prospective student to disclose information that allows access to9
the employee's, student's, applicant's, or prospective student's personal online10
account.11
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: