Employee online privacy.

2015
STATE OF WYOMING
15LSO-0073
Numbered
3.1

SENATE FILE

NO.
SF0041

Employee online privacy.

Sponsored by:
Joint Corporations, Elections & Political Subdivisions Interim Committee

A BILL

for

AN ACT relating to labor and employment; prohibiting an employer from requesting or requiring access to a personal internet account of an employee or prospective employee; prohibiting an employer from taking adverse action against an employee or prospective employee for failing to disclose information to access a personal internet account; providing exceptions; prohibiting waiver of rights; providing for civil penalties; providing a civil cause of action; providing a definition; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 27
‑
9
‑
109 is created to read:

27
‑
9
‑
109
.

Employee online privacy.

(a)

An employer shall not request or require any employee or prospective employee to disclose any username, password or other means for viewing or accessing the information contained on an employee
'
s or prospective employee
'
s personal
i
nternet account except as provided by paragraph (c)(iii) of this section.

(b)

An employer shall not take adverse action, fail to hire or otherwise penalize an employee or prospective employee for failure to disclose information
protected under
subsection (a)
of this section
.

(c)

This section does not prohibit an employer from:

(i)

Requesting or requiring an employee to disclose a username, password

or other me
ans for
accessing an
internet
account or service provided by the employer, set up by the employee at the employer
'
s request or used primarily for an employer
'
s business purposes;

(ii)

Requesting or requiring an employee to allow
viewing
of
the employee
'
s personal internet
account
or information contained on the account
as cooperation in the employer
'
s work
‑
related investigation if:

(A)

The employer is conducting a
n
investigation, based upon receipt of reliable and reasonable information regarding employee misconduct
, as defined by W.S. 27
‑
3
‑
102(a), which
requires
viewing
of
the employee
'
s personal internet account
or information contained on the account
;

(B)

The
viewing
of
the employee
'
s personal internet account
or information contained on the account
is reasonably necessary to make a factual determination in the course of conducting a reasonable investigation;

(C)

The employer does not request, require, sugges
t
or cause the employee to grant access to or disclose information that allows access to the employee
'
s or prospective employee
'
s personal
internet
account or service; and

(D)

An employer exercising its rights under this
paragraph
shall use any information obtained through
viewing
of the employee
'
s personal internet
account
or information contained on the account
only for the purpose of the investigation or a related proceeding.

(iii)

Requesting a personal email address or
a connection with a personal internet account
for the purpose of enhancing communications with an employee or prospective employee;

(
i
v)

Viewing information about an employee or prospective employee that is available in the public domain
;

(v)

Promulgating, maintaining or enforcing lawful workplace policies governing the use of the employer's network or electronic device paid for in whole by the employer, including policies regarding employee use of personal internet accounts;

(vi)

Restricting or prohibiting an employee's access to certain websites while using an account, device
or service supplied by, or paid for in whole by, the employer or while using an employer's network or resources;

(vii)

Monitoring, reviewing, accessing or blocking electronic data stored on an electronic communications device supplied by, or paid for in whole by, the employer or stored on an employer's network.

(d)

No employer shall require a
n employee or
prospective employee to waive or limit any protection granted under this
section
.

(e)

Following a determination pursuant to W.S. 27
‑
9
‑
106 that an
employer
has
violate
d
any provision of this section
, the department may assess a
civil penalty in an amount not to exceed one thousand dollars ($1,000
.00
) fo
r the first violation and two thousand five
hundred dollars ($2,500
.00
) for each subsequent violation
.

(f)

An employee or prospective employee may bring a civil action against an employer to enjoin any acts in violation of this section and
, if they substantially
prevail,
may recover
damages, reasonable attorney fees and court costs.

(g)

For purposes of this section
,
"
personal internet account
"
means
any collection of electronically stored information
u
sed or maintained by any employee or prospective employee primarily for personal communications unrelated to the employer
'
s business purposes.

Section 2
.

W.S. 27
‑
9
‑
102
(c) and (d)
, 27
‑
9
‑
104(b) and 27
‑
9
‑
105(a)
by creating a new paragraph (v)
are amended to read:

27
‑
9
‑
102
.

Definitions.

(c)

"
Unfair employment practice
"
shall mean those practices specified as discriminatory or unfair in W.S. 27
‑
9
‑
105

and 27
‑
9
‑
109
.

(d)

As used in W.S. 27
‑
9
‑
101 through
27
‑
9
‑
106

27
‑
9
‑
109
,
"
department
"
means the department of workforce services and the term
"
director
"
means the director of the
department or his designee who is authorized to administer W.S. 27
‑
9
‑
101 through
27
‑
9
‑
106

27
‑
9
‑
109
.

27
‑
9
‑
104
.

Powers and duties of department of employment.

(b)

The departmen
t shall contract with an independent hearing officer to conduct any hearing under W.S. 27
‑
9
‑
101 through
27
‑
9
‑
106

27
‑
9
‑
109
.

27
‑
9
‑
105
.

Discriminatory and unfair employment practices enumerated; limitations.

(a)

It is a discriminatory or unfair employment practice:

(v)

For an employer
or employer
'
s
rep
resentative

to violate any of the provisions of W.S.
27
‑
9
‑
109
regarding disclosure of personal internet account information
.

Section
3
.

This
act is effective July 1,
2015
.

(END)

1
SF0041