Employers Cannot Ask for Social Network Passwords

Illinois is the second state in the nation to prohibit employers from asking employees or applications for their Facebook and other social media passwords.

 Illinois Public Law 097-0875, which becomes effective January 1, 2013, is an amendment to the State’s Right to Privacy in the Workplace Act.  The amendment makes it “unlawful for any employer to request or require any employee or prospective employee to provide any password or other related account information in order to gain access to the employee’s or prospective employee’s account or profile on a social networking website or to demand access in any manner to an employee’s or prospective employee’s account or profile on a social networking website.”

The amendment does not limit an employer’s right to adopt workplace policies regarding Internet use, social networking site use.  The employer also may monitor the usage of an employer’s electronic equipment and electronic mail.

The Illinois Department of Labor is charged with enforcement of the Workplace Act and may bring a complaint against an employer for a violation.  Penalties may include payment of actual damages plus costs and, for a willful and knowing violation, $200 plus costs, attorneys’ fees and actual damages.