Amendment #403 to H4100

Social Networking and Employment

Representatives Coakley-Rivera of Springfield, Andrews of Orange, Ashe of Longmeadow, Cantwell of Marshfield, Dwyer of Woburn, Ehrlich of Marblehead, Farley-Bouvier of Pittsfield, Fox of Boston, Garlick of Needham, O'Day of West Boylston, Orrall of Lakeville, Provost of Somerville, Puppolo of Springfield, Sannicandro of Ashland, Sciortino of Medford, Swan of Springfield and Walsh of Framingham move that the bill be amended by inserting after section 98 the following section:-

Section X (a) It shall be unlawful for any employer to ask 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 electronic mail. No employee or prospective employee shall be required to provide access to an employer for a social networking site.

(b)  It shall be unlawful for any public or private institution of higher education to ask any student or prospective student to provide any password or other related account information in order to gain access to the student's or prospective student’s account or profile on a social networking website or electronic mail. No student or prospective student shall be required to provide access to a public or private institution of higher education for a social networking site.

(c) For the purposes of this section, “Social networking site” means an internet-based service that allows individuals to: (1) construct a public or semi-public profile within a bounded system created by the service; (2) create a list of other users with whom they share a connection within the system; and (3) view and navigate their list of connections and those made by others within the system.

(d) This section shall not apply to any employer who obtains information about a prospective employee or an employee that is in the public domain or obtained in compliance with this section.

(e) This section shall not limit an employer’s right to promulgate and maintain lawful workplace policies governing the use of the employer’s electronic equipment, including policies regarding internet use, social networking site use, and electronic mail use.

(f) The Department of Labor shall make rules and regulations and investigations necessary for the enforcement of subsections (a),(d) and (e)of this act.

(g) The Board of Higher Education shall make rules and regulations and investigations necessary for the enforcement of subsection (b) of this act.