HB 1735 Establishes the Password Privacy Protection Act

Current Bill Summary

- Prepared by Senate Research -


HB 1735 - Under this act, educational institutions are prohibited from:

• Requiring, requesting, or coercing a student or prospective student to disclose any information that would allow access to his or her personal social media account or access a personal social media account in the presence of a school employee or school volunteer;

• Compelling a student or prospective student to add a school employee or volunteer to his or her list of contacts associated with his or her personal social media account; and

• Taking any action or threatening to take any action to discharge, discipline or otherwise penalize a student due to his or her refusal to provide information, to add a school employee or school volunteer to his or her list of contacts associated with his or her personal social media account, or failing or refusing to admit any prospect student as a result of his or her refusal to disclose the information or add one of the persons to his or her list of contacts.

It is an unemployment practice for an educational institution to violate any of the above provisions.

The act further establishes the "Password Protection Act." Employers shall not request or require an employee or job applicant to disclose any user name or password for accessing personal online accounts or services. Employers are further prohibited from compelling an employee or applicant for employment to add the employer or an employment agency to the employee's or applicant's list of contacts associated with a personal internet account.

Employers are permitted to request or require an employee to disclose such information for accessing electronic devices supplied or paid for by the employer and accounts and services provided by the employer and those used for business purposes.

Employers shall not retaliate against an employee for refusing to disclose the confidential information. Employees are barred from transferring an employer's proprietary or confidential information or financial data to an employee's personal online account or service without employer authorization.

This provision is substantially similar to SCS/SB 750 (2014) and similar to SB 610 (2010), SB 103 (2011), and SCS/SB 164 (2013).

SCOTT SVAGERA


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