| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0851* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 851 | |
| 11 | 8 | K3, E4 2lr2652 | |
| 12 | 9 | ||
| 13 | 10 | By: Senator Carter (By Request – Baltimore City Administration) | |
| 14 | 11 | Introduced and read first time: February 7, 2022 | |
| 15 | 12 | Assigned to: Finance | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 7, 2022 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Labor and Employment – User Name and Password Privacy – Law Enforcement 2 | |
| 25 | - | Agency Exemption | |
| 19 | + | Agency Exemption 3 | |
| 26 | 20 | ||
| 27 | - | FOR the purpose of exempting authorizing certain law enforcement agencies from the 4 | |
| 28 | - | prohibition against employers requiring employees or applicants to disclose the 5 | |
| 29 | - | means for accessing a personal account or service through an electronic 6 | |
| 30 | - | communications device to access, under certain circumstances, social media accounts 7 | |
| 31 | - | of applicants; and generally relating to user name and password privacy and law 8 | |
| 32 | - | enforcement agencies. 9 | |
| 21 | + | FOR the purpose of exempting certain law enforcement agencies from the prohibition 4 | |
| 22 | + | against employers requiring employees or applicants to disclose the means for 5 | |
| 23 | + | accessing a personal account or service through an electronic communications device; 6 | |
| 24 | + | and generally relating to user name and password privacy and law enforcement 7 | |
| 25 | + | agencies. 8 | |
| 33 | 26 | ||
| 34 | - | BY repealing and reenacting, with amendments, | |
| 35 | - | Article – Labor and Employment | |
| 36 | - | Section 3–712 | |
| 37 | - | Annotated Code of Maryland | |
| 38 | - | (2016 Replacement Volume and 2021 Supplement) | |
| 27 | + | BY repealing and reenacting, with amendments, 9 | |
| 28 | + | Article – Labor and Employment 10 | |
| 29 | + | Section 3–712 11 | |
| 30 | + | Annotated Code of Maryland 12 | |
| 31 | + | (2016 Replacement Volume and 2021 Supplement) 13 | |
| 39 | 32 | ||
| 40 | - | BY repealing and reenacting, without amendments, | |
| 41 | - | Article – Public Safety | |
| 42 | - | Section 3–201(a) and (d) | |
| 43 | - | Annotated Code of Maryland | |
| 44 | - | (2018 Replacement Volume and 2021 Supplement) | |
| 33 | + | BY repealing and reenacting, without amendments, 14 | |
| 34 | + | Article – Public Safety 15 | |
| 35 | + | Section 3–201(a) and (d) 16 | |
| 36 | + | Annotated Code of Maryland 17 | |
| 37 | + | (2018 Replacement Volume and 2021 Supplement) 18 | |
| 45 | 38 | ||
| 46 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 | |
| 47 | - | That the Laws of Maryland read as follows: 21 | |
| 48 | - | 2 SENATE BILL 851 | |
| 39 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 | |
| 40 | + | That the Laws of Maryland read as follows: 20 | |
| 49 | 41 | ||
| 42 | + | Article – Labor and Employment 21 | |
| 50 | 43 | ||
| 51 | - | ||
| 44 | + | 3–712. 22 | |
| 52 | 45 | ||
| 53 | - | ||
| 46 | + | (a) (1) In this section the following words have the meanings indicated. 23 | |
| 54 | 47 | ||
| 55 | - | (a) (1) In this section the following words have the meanings indicated. 3 | |
| 56 | - | ||
| 57 | - | (2) “Applicant” means an applicant for employment. 4 | |
| 58 | - | ||
| 59 | - | (3) (i) “Electronic communications device” means any device that uses 5 | |
| 60 | - | electronic signals to create, transmit, and receive information. 6 | |
| 61 | - | ||
| 62 | - | (ii) “Electronic communications device” includes computers, 7 | |
| 63 | - | telephones, personal digital assistants, and other similar devices. 8 | |
| 64 | - | ||
| 65 | - | (4) (i) “Employer” means: 9 | |
| 66 | - | ||
| 67 | - | 1. a person engaged in a business, an industry, a profession, 10 | |
| 68 | - | a trade, or other enterprise in the State; or 11 | |
| 69 | - | ||
| 70 | - | 2. a unit of State or local government. 12 | |
| 71 | - | ||
| 72 | - | (ii) “Employer” includes an agent, a representative, and a designee 13 | |
| 73 | - | of the employer. 14 | |
| 74 | - | ||
| 75 | - | (III) “EMPLOYER” DOES NOT INCLUDE A L AW ENFORCEMENT 15 | |
| 76 | - | AGENCY AS DEFINED IN § 3–201 OF THE PUBLIC SAFETY ARTICLE. 16 | |
| 77 | - | ||
| 78 | - | (5) “LAW ENFORCEMENT AGENC Y” HAS THE MEANING STAT ED IN § 17 | |
| 79 | - | 3–201 OF THE PUBLIC SAFETY ARTICLE. 18 | |
| 80 | - | ||
| 81 | - | (b) (1) Subject to paragraph (2) of this subsection, an employer may not 19 | |
| 82 | - | request or require that an employee or applicant disclose any user name, password, or other 20 | |
| 83 | - | means for accessing a personal account or service through an electronic communications 21 | |
| 84 | - | device. 22 | |
| 85 | - | ||
| 86 | - | (2) An employer may require an employee to disclose any user name, 23 | |
| 87 | - | password, or other means for accessing nonpersonal accounts or services that provide 24 | |
| 88 | - | access to the employer’s internal computer or information systems. 25 | |
| 89 | - | ||
| 90 | - | (c) An employer may not: 26 | |
| 91 | - | ||
| 92 | - | (1) discharge, discipline, or otherwise penalize or threaten to discharge, 27 | |
| 93 | - | discipline, or otherwise penalize an employee for an employee’s refusal to disclose any 28 | |
| 94 | - | information specified in subsection (b)(1) of this section; or 29 | |
| 95 | - | ||
| 96 | - | (2) fail or refuse to hire any applicant as a result of the applicant’s refusal 30 | |
| 97 | - | to disclose any information specified in subsection (b)(1) of this section. 31 SENATE BILL 851 3 | |
| 48 | + | (2) “Applicant” means an applicant for employment. 24 2 SENATE BILL 851 | |
| 98 | 49 | ||
| 99 | 50 | ||
| 100 | 51 | ||
| 101 | - | (d) An employee may not download unauthorized employer proprietary 1 | |
| 102 | - | information or financial data to an employee’s personal Web site, an Internet Web site, a 2 | |
| 103 | - | Web–based account, or a similar account. 3 | |
| 52 | + | (3) (i) “Electronic communications device” means any device that uses 1 | |
| 53 | + | electronic signals to create, transmit, and receive information. 2 | |
| 104 | 54 | ||
| 105 | - | (e) This section does not prevent an employer: 4 | |
| 55 | + | (ii) “Electronic communications device” includes computers, 3 | |
| 56 | + | telephones, personal digital assistants, and other similar devices. 4 | |
| 106 | 57 | ||
| 107 | - | (1) based on the receipt of information about the use of a personal Web site, 5 | |
| 108 | - | Internet Web site, Web–based account, or similar account by an employee for business 6 | |
| 109 | - | purposes, from conducting an investigation for the purpose of ensuring compliance with 7 | |
| 110 | - | applicable securities or financial law, or regulatory requirements; or 8 | |
| 58 | + | (4) (i) “Employer” means: 5 | |
| 111 | 59 | ||
| 112 | - | (2) based on the receipt of information about the u nauthorized 9 | |
| 113 | - | downloading of an employer’s proprietary information or financial data to a personal Web 10 | |
| 114 | - | site, Internet Web site, Web–based account, or similar account by an employee, from 11 | |
| 115 | - | investigating an employee’s actions under subsection (d) of this section. 12 | |
| 60 | + | 1. a person engaged in a business, an industry, a profession, 6 | |
| 61 | + | a trade, or other enterprise in the State; or 7 | |
| 116 | 62 | ||
| 117 | - | (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A LAW 13 | |
| 118 | - | ENFORCEMENT AGENCY M AY, DURING THE COURSE OF A BACKGROUND CHECK , 14 | |
| 119 | - | REQUIRE AN APPLICANT TO OPEN ALL OF THE A PPLICANT’S SOCIAL MEDIA 15 | |
| 120 | - | ACCOUNTS FOR REVIEW BY AN INVESTIGATOR . 16 | |
| 63 | + | 2. a unit of State or local government. 8 | |
| 121 | 64 | ||
| 122 | - | ( | |
| 123 | - | ||
| 65 | + | (ii) “Employer” includes an agent, a representative, and a designee 9 | |
| 66 | + | of the employer. 10 | |
| 124 | 67 | ||
| 125 | - | (II) AN INVESTIGATOR MAY P RINT SELECTIONS FROM THE 19 | |
| 126 | - | APPLICANT’S SOCIAL MEDIA ACCOU NTS ONLY IF THE SELE CTIONS TO BE PRINTED 20 | |
| 127 | - | DO NOT CONTAIN A USE R NAME, PASSWORD, OR OTHER ME ANS FOR ACCESSING A 21 | |
| 128 | - | PERSONAL ACCOUNT OR SERVICE. 22 | |
| 68 | + | (III) “EMPLOYER” DOES NOT INCLUDE A LAW ENFORCEMENT 11 | |
| 69 | + | AGENCY AS DEFINED IN § 3–201 OF THE PUBLIC SAFETY ARTICLE. 12 | |
| 129 | 70 | ||
| 130 | - | (III) THE LAW ENFORCEMENT A GENCY MAY NOT : 23 | |
| 71 | + | (b) (1) Subject to paragraph (2) of this subsection, an employer may not 13 | |
| 72 | + | request or require that an employee or applicant disclose any user name, password, or other 14 | |
| 73 | + | means for accessing a personal account or service through an electronic communications 15 | |
| 74 | + | device. 16 | |
| 131 | 75 | ||
| 132 | - | | |
| 133 | - | PASSWORD, OR OTHER MEANS FOR | |
| 134 | - | ||
| 76 | + | (2) An employer may require an employee to disclose any user name, 17 | |
| 77 | + | password, or other means for accessing nonpersonal accounts or services that provide 18 | |
| 78 | + | access to the employer’s internal computer or information systems. 19 | |
| 135 | 79 | ||
| 136 | - | 2. PROHIBIT AN APPLICAN T FROM CHANGING A US ER 27 | |
| 137 | - | NAME, PASSWORD, OR OTHER MEANS FOR A CCESSING A PERSONAL ACCOUNT OR 28 | |
| 138 | - | SERVICE. 29 | |
| 80 | + | (c) An employer may not: 20 | |
| 139 | 81 | ||
| 140 | - | (f) (G) (1) Whenever the Commissioner determines that this section has 30 | |
| 141 | - | been violated, the Commissioner shall: 31 | |
| 82 | + | (1) discharge, discipline, or otherwise penalize or threaten to discharge, 21 | |
| 83 | + | discipline, or otherwise penalize an employee for an employee’s refusal to disclose any 22 | |
| 84 | + | information specified in subsection (b)(1) of this section; or 23 | |
| 142 | 85 | ||
| 143 | - | (i) try to resolve any issue involved in the violation informally by 32 | |
| 144 | - | mediation; or 33 4 SENATE BILL 851 | |
| 86 | + | (2) fail or refuse to hire any applicant as a result of the applicant’s refusal 24 | |
| 87 | + | to disclose any information specified in subsection (b)(1) of this section. 25 | |
| 88 | + | ||
| 89 | + | (d) An employee may not download unauthorized employer proprietary 26 | |
| 90 | + | information or financial data to an employee’s personal Web site, an Internet Web site, a 27 | |
| 91 | + | Web–based account, or a similar account. 28 | |
| 92 | + | ||
| 93 | + | (e) This section does not prevent an employer: 29 | |
| 94 | + | ||
| 95 | + | (1) based on the receipt of information about the use of a personal Web site, 30 | |
| 96 | + | Internet Web site, Web–based account, or similar account by an employee for business 31 SENATE BILL 851 3 | |
| 145 | 97 | ||
| 146 | 98 | ||
| 99 | + | purposes, from conducting an investigation for the purpose of ensuring compliance with 1 | |
| 100 | + | applicable securities or financial law, or regulatory requirements; or 2 | |
| 147 | 101 | ||
| 148 | - | (ii) ask the Attorney General to bring an action on behalf of the 1 | |
| 149 | - | applicant or employee. 2 | |
| 102 | + | (2) based on the receipt of information about the unauthorized 3 | |
| 103 | + | downloading of an employer’s proprietary information or financial data to a personal Web 4 | |
| 104 | + | site, Internet Web site, Web–based account, or similar account by an employee, from 5 | |
| 105 | + | investigating an employee’s actions under subsection (d) of this section. 6 | |
| 150 | 106 | ||
| 151 | - | ( | |
| 152 | - | ||
| 107 | + | (f) (1) Whenever the Commissioner determines that this section has been 7 | |
| 108 | + | violated, the Commissioner shall: 8 | |
| 153 | 109 | ||
| 154 | - | Article – Public Safety 5 | |
| 110 | + | (i) try to resolve any issue involved in the violation informally by 9 | |
| 111 | + | mediation; or 10 | |
| 155 | 112 | ||
| 156 | - | 3–201. 6 | |
| 113 | + | (ii) ask the Attorney General to bring an action on behalf of the 11 | |
| 114 | + | applicant or employee. 12 | |
| 157 | 115 | ||
| 158 | - | (a) In this subtitle the following words have the meanings indicated. 7 | |
| 116 | + | (2) The Attorney General may bring an action under this subsection in the 13 | |
| 117 | + | county where the violation allegedly occurred for injunctive relief, damages, or other relief. 14 | |
| 159 | 118 | ||
| 160 | - | (d) (1) “Law enforcement agency” means a governmental police force, sheriff’s 8 | |
| 161 | - | office, or security force or law enforcement organization of the State, a county, or a 9 | |
| 162 | - | municipal corporation that by statute, ordinance, or common law is authorized to enforce 10 | |
| 163 | - | the general criminal laws of the State. 11 | |
| 119 | + | Article – Public Safety 15 | |
| 164 | 120 | ||
| 165 | - | (2) “Law enforcement agency” does not include members of the Maryland 12 | |
| 166 | - | National Guard who: 13 | |
| 121 | + | 3–201. 16 | |
| 167 | 122 | ||
| 168 | - | (i) are under the control and jurisdiction of the Military 14 | |
| 169 | - | Department; 15 | |
| 123 | + | (a) In this subtitle the following words have the meanings indicated. 17 | |
| 170 | 124 | ||
| 171 | - | (ii) are assigned to the military property designated as the Martin 16 | |
| 172 | - | State Airport; and 17 | |
| 125 | + | (d) (1) “Law enforcement agency” means a governmental police force, sheriff’s 18 | |
| 126 | + | office, or security force or law enforcement organization of the State, a county, or a 19 | |
| 127 | + | municipal corporation that by statute, ordinance, or common law is authorized to enforce 20 | |
| 128 | + | the general criminal laws of the State. 21 | |
| 173 | 129 | ||
| 174 | - | ( | |
| 175 | - | ||
| 130 | + | (2) “Law enforcement agency” does not include members of the Maryland 22 | |
| 131 | + | National Guard who: 23 | |
| 176 | 132 | ||
| 177 | - | | |
| 178 | - | ||
| 133 | + | (i) are under the control and jurisdiction of the Military 24 | |
| 134 | + | Department; 25 | |
| 179 | 135 | ||
| 136 | + | (ii) are assigned to the military property designated as the Martin 26 | |
| 137 | + | State Airport; and 27 | |
| 180 | 138 | ||
| 139 | + | (iii) are charged with exercising police powers in and for the Martin 28 | |
| 140 | + | State Airport. 29 | |
| 181 | 141 | ||
| 182 | - | ||
| 183 | - | Approved: | |
| 184 | - | ________________________________________________________________________________ | |
| 185 | - | Governor. | |
| 186 | - | ________________________________________________________________________________ | |
| 187 | - | President of the Senate. | |
| 188 | - | ________________________________________________________________________________ | |
| 189 | - | Speaker of the House of Delegates. | |
| 142 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30 | |
| 143 | + | October 1, 2022. 31 |