Bill Text - HB414 (2013)

Relative to privacy in the workplace.


Revision: Jan. 22, 2013, midnight

HB 414 – AS INTRODUCED

2013 SESSION

13-0505

06/01

HOUSE BILL 414

AN ACT relative to privacy in the workplace.

SPONSORS: Rep. K. Rogers, Merr 28; Rep. P. Sullivan, Hills 10; Sen. Soucy, Dist 18

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill prohibits an employer from requiring an employee or prospective employee to disclose his or her social media passwords.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0505

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to privacy in the workplace.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Use of Social Media. Amend RSA 275 by inserting after section 70 the following new subdivision:

Use of Social Media

275:71 Use of Social Media.

I. No employer shall request or require that an employee or prospective employee disclose a user name or password for accessing a personal account or service through an electronic communication device.

II. No employer shall take or threaten to take disciplinary action against any employee for such employee’s refusal to disclose user name or password information.

III. Nothing in this section shall limit an employer’s right to maintain workplace policies governing the use of the employer’s electronic equipment, including policies regarding Internet use, social networking site use, and electronic mail use.

275:72 Penalty. Any employer violating RSA 275:71 shall be subject to a civil penalty, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. An employer aggrieved by the commissioner’s assessment of such penalty may appeal in accordance with RSA 273:11-c.

2 Effective Date. This act shall take effect 60 days after its passage.