HOUSE OF REPRESENTATIVES

H.B. NO.

713

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to social media.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to Part I to be appropriately designated and to read as follows:

     "§378-     Employer access to employee social media prohibited.  (a)  An employer shall not require or request an employee or applicant for employment to do any of the following:

     (1)  Disclose a username or password for the purpose of accessing the employee's or applicant's personal social media;

     (2)  Access the employee's or applicant's personal social media in the presence of the employer; or

     (3)  Divulge any personal social media, except as provided in subsection (b).

     (b)  Nothing in this section shall affect an employer's existing rights and obligations to request an employee to divulge personal social media reasonably believed to be relevant to an investigation of allegations of employee misconduct or employee violation of applicable law; provided that the social media is used solely for purposes of that investigation or a related proceeding.

     (c)  Nothing in this section shall preclude an employer from requiring or requesting an employee to disclose a username or password for the purpose of accessing an employer-issued electronic device.

     (d)  An employer shall not discharge, discipline, threaten to discharge or discipline, or retaliate against an employee or applicant for not complying with a request or demand by the employer that violates this section; provided that this section shall not prohibit an employer from terminating or taking an adverse action against an employee or applicant if otherwise permitted by law.

     (e)  As used in this section, "social media" means an electronic service or account or electronic content, including videos, photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet website profiles or locations."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Social Media; Password; Username; Privacy; Employer; Employee; Employment

 

Description:

Prohibits employers from requiring employees and applicants for employment from disclosing social media usernames or passwords.

 

 

 

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