Connecticut Seal

General Assembly

Amendment

 

January Session, 2013

LCO No. 5772

   
 

*SB0015905772SDO*

Offered by:

 

SEN. OSTEN, 19th Dist.

REP. TERCYAK, 26th Dist.

 

To: Subst. Senate Bill No. 159

File No. 330

Cal. No. 261

"AN ACT CONCERNING EMPLOYEE PRIVACY. "

After line 8, insert "(4) "Electronic communications device" means any electronic device that is capable of transmitting, accepting or processing data, including, but not limited to, a computer, computer network and computer system, as those terms are defined in section 53a-250 of the general statutes, and a cellular or wireless telephone; " and renumber the remaining subdivisions and internal references accordingly

In line 18, strike "No" and insert in lieu thereof "Except as provided in subsection (d) of this section, no"

In line 20, after "name" insert "and password"

In line 24, after "name" insert "and password"

In line 26, strike "; " and insert in lieu thereof ", or"

In line 27, after "body" insert "or court"

In line 28, strike "(C) who" and insert in lieu thereof "or"

Strike lines 29 to 31, inclusive

After line 31, insert "(3) Fail or refuse to hire any employee or applicant as a result of his or her refusal to provide such employer with a user name and password, password or any other authentication means for accessing a personal on-line account.

(c) No employer shall be liable for failing to request or require that an employee or applicant provide such employer with a user name and password, password or any other authentication means for accessing a personal on-line account.

(d) (1) An employer may request or require that an employee or applicant provide such employer with a user name and password, password or any other authentication means for accessing (A) any account or service provided by such employer or by virtue of the employee's employment relationship with such employer or that the employee uses for business purposes, or (B) any electronic communications device supplied or paid for, in whole or in part, by such employer.

(2) No employer shall be prohibited from discharging, disciplining or otherwise penalizing an employee or applicant that has transferred, without such employer's permission, such employer's proprietary information, confidential information or financial data to or from such employee or applicant's personal on-line account.

(e) Nothing in this section shall prevent an employer from:

(1) (A) Conducting an investigation for the purpose of ensuring compliance with applicable state or federal laws, regulatory requirements or prohibitions against work-related employee misconduct based on the receipt of specific information about activity on an employee or applicant's personal on-line account; or (B) conducting an investigation based on the receipt of specific information about an employee or applicant's unauthorized transfer of such employer's proprietary information, confidential information or financial data to or from a personal on-line account operated by an employee, applicant or other source. Any employer conducting an investigation pursuant to this subsection may require an employee or applicant to disclose the user name and password, password or any other authentication means for accessing the employee or applicant's personal on-line account if such account is the subject of specific information involving work-related employee misconduct.

(2) Monitoring, reviewing, accessing or blocking electronic data stored on an electronic communications device paid for in whole or in part by the employer, or traveling through or stored on an employer's network, in compliance with state and federal law.

(f) Nothing in this section shall be construed to prevent an employer from complying with the requirements of state or federal statutes, rules or regulations, case law or rules of self-regulatory organizations. "

Strike lines 32 to 40, inclusive