January Session, 2013
LCO No. 5998
SEN. OSTEN, 19th Dist.
REP. TERCYAK, 26th Dist.
"AN ACT CONCERNING EMPLOYEE PRIVACY. "
After line 8, insert the following and renumber the remaining subdivisions and internal references accordingly:
"(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; "
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. "
Strike lines 32 to 40, inclusive, and insert the following in lieu thereof:
"(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 subdivision may require an employee or applicant to allow such employer to access his or her personal on-line account for the purpose of conducting such investigation, provided such employer shall not require such employee or applicant to disclose the user name and password, password or other authentication means for accessing such personal on-line account; or
(2) Monitoring, reviewing, accessing or blocking electronic data stored on an electronic communications device paid for in whole or in part by an 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. "