SCS/SB 316 - This act requires that employers, educational institutions, and landlords shall not take any of the following actions with respect to employees or applicants, students or prospective students, or tenants or prospective tenants, respectively:
• Require, request, or coerce disclosure of information which is protected by this act, such as a username, password, or other means of authentication needed for a personal online account;
• Require or coerce adding the employer, educational institution, or landlord, to the person's list of contacts associated with a personal online account;
• Take any action or threaten to take any action in response to a refusal to disclose any information protected by the act; or
• Fail or refuse to hire, admit, or rent to a person as a result of the person’s refusal to disclose information protected by this act.
In the event of inadvertent receipt of the username, password, or other means of authentication that provides access to the personal online account of a person protected by this act, the employer, educational institution, or landlord shall not be liable for having the information, but they:
• May not use the information to access the person’s personal online account;
• May not share the information with anyone; and
• Shall delete the information as soon as is reasonably practicable, provided that the information isn’t needed for the pursuit of a specific criminal complaint or civil action, or investigation thereof.
Any person claiming a violation of this act may bring legal action if they have been injured by the violation. Available relief shall include actual damages, reasonable attorney's fees and other costs of litigation, and equitable relief, as may be appropriate.
Data obtained, accessed, used, copied, disclosed, or retained in violation of this act shall not be admissible in any criminal, civil, administrative, or other proceeding.
This act is similar in concept to HB 564 (2017), HB 1735 (2016), SCS/SB 750 (2014),SCS/SB 164 (2013), SB 103 (2011), and SB 610 (2010).