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SB 5211 - Washington's Employer Social Networking Law

SB 5211 - Washington's Employer Social Networking Law

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As passed - Apr 27, 2013
As passed - Apr 27, 2013

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Categories:Types, Business/Law
Published by: Venkat Balasubramani on Apr 29, 2013
Copyright:Attribution Non-commercial

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08/28/2013

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CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5211
63rd Legislature2013 Regular Session
Passed by the Senate April 27, 2013YEAS 44 NAYS 0
President of the Senate
Passed by the House April 24, 2013YEAS 97 NAYS 0
Speaker of the House of Representatives
CERTIFICATEI, Hunter G. Goodman, Secretary ofthe Senate of the State ofWashington, do hereby certify thatthe attached is
SUBSTITUTE SENATEBILL 5211
as passed by the Senateand the House of Representatives onthe dates hereon set forth.
Secretary
Approved
Governor of the State of Washington
FILED
Secretary of StateState of Washington
 
_____________________________________________
SUBSTITUTE SENATE BILL 5211
_____________________________________________AS AMENDED BY THE HOUSEPassed Legislature - 2013 Regular Session
State of Washington63rd Legislature2013 Regular SessionBy
Senate Commerce & Labor (originally sponsored by Senators Hobbs,Eide, Kline, Ranker, Hatfield, Harper, Billig, Hasegawa, Kohl-Welles,Shin, Keiser, Frockt, Rolfes, Hill, Conway, and Nelson)READ FIRST TIME 02/22/13.1AN ACT Relating to social networking accounts and profiles; adding2new sections to chapter 49.44 RCW; and prescribing penalties.3BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4NEW SECTION.
Sec. 1.
A new section is added to chapter 49.44 RCW5to read as follows:6(1) An employer may not:7(a) Request, require, or otherwise coerce an employee or applicant8to disclose login information for the employee's or applicant's9personal social networking account;10(b) Request, require, or otherwise coerce an employee or applicant11to access his or her personal social networking account in the12employer's presence in a manner that enables the employer to observe13the contents of the account;14(c) Compel or coerce an employee or applicant to add a person,15including the employer, to the list of contacts associated with the16employee's or applicant's personal social networking account;17(d) Request, require, or cause an employee or applicant to alter18the settings on his or her personal social networking account that19affect a third party's ability to view the contents of the account; orp. 1SSB 5211.PL
 
1(e) Take adverse action against an employee or applicant because2the employee or applicant refuses to disclose his or her login3information, access his or her personal social networking account in4the employer's presence, add a person to the list of contacts5associated with his or her personal social networking account, or alter6the settings on his or her personal social networking account that7affect a third party's ability to view the contents of the account.8(2) This section does not apply to an employer's request or9requirement that an employee share content from his or her personal10social networking account if the following conditions are met:11(a) The employer requests or requires the content to make a factual12determination in the course of conducting an investigation;13(b) The employer undertakes the investigation in response to14receipt of information about the employee's activity on his or her15personal social networking account;16(c) The purpose of the investigation is to: (i) Ensure compliance17with applicable laws, regulatory requirements, or prohibitions against18work-related employee misconduct; or (ii) investigate an allegation of19unauthorized transfer of an employer's proprietary information,20confidential information, or financial data to the employee's personal21social networking account; and22(d) The employer does not request or require the employee to23provide his or her login information.24(3) This section does not:25(a) Apply to a social network, intranet, or other technology26platform that is intended primarily to facilitate work-related27information exchange, collaboration, or communication by employees or28other workers;29(b) Prohibit an employer from requesting or requiring an employee30to disclose login information for access to: (i) An account or service31provided by virtue of the employee's employment relationship with the32employer; or (ii) an electronic communications device or online account33paid for or supplied by the employer;34(c) Prohibit an employer from enforcing existing personnel policies35that do not conflict with this section; or36(d) Prevent an employer from complying with the requirements of37state or federal statutes, rules or regulations, case law, or rules of38self-regulatory organizations.SSB 5211.PLp. 2

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