Illinois Governor Pat Quinn recently signed S.B. 2306 into law, amending the Right to Privacy in the Workplace Act (click here for a previous briefing on the Right to Privacy in the Workplace Act). The law as amended allows employers to access “professional” social media accounts where the employer has a duty to screen employees or applicants or monitor or retain employee communications under Illinois insurance law, federal law or the rules of a self-regulatory organization. Professional accounts are those “created, maintained, used, or accessed by a current or prospective employee for business purposes of the employer.” Employers are still prohibited from requesting or requiring that an employee or applicant provide the log-in information for a personal social media account. The amendment goes into effect on January 1, 2014.
TIP: Under the law, employers may access social media accounts maintained on their behalf by employees under certain circumstances. Employers should still refrain from asking for log-in information for the personal social media accounts of employees or job applicants.