Social Media Password Law Remains Idle in Illinois

It has been over one month since we discussed Illinois’s proposed social media password law. On May 22, 2012, both state legislative houses passed HB 3782, a bill that would amend the state’s Right to Privacy in the Workplace Act to prohibit employers from requesting applicant and employee social media login credentials. At that point it looked like Illinois would become the second state to enact such a law – on May 2, 2012, Maryland became the first state to prohibit such conduct. However, the bill was not sent to the governor until June 20, 2012. Moreover, the waiting game may continue because the governor has 60 days to sign, veto, or take no action on the bill. If no action is taken during the 60-day period, the bill becomes law. From a compliance readiness standpoint, because of the bill’s slow movement, if the governor signs the bill (or takes no action), employers will have more time to review and revise relevant policies because the law will not become effective until June 1, 2013; compared to January 1, 2013, had the law been signed before June 1, 2012.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.