2013 -- H 5255

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LC00831

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION AND LABOR - SOCIAL MEDIA PRIVACY

     Introduced By: Representatives Kennedy, San Bento, Ruggiero, Marcello, and Ajello

     Date Introduced: February 05, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

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by adding thereto the following chapter:

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     CHAPTER 100

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STUDENT SOCIAL MEDIA PRIVACY

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     16-100-1. Definitions. -- For the purposes of this chapter:

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     (1) "Social media account" means an electronic service or account, or electronic content,

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including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and

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text messages, email, online service or accounts, or Internet website profiles or locations. For the

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purposes of this chapter, social media account does not include an account opened at a school’s

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behest, or provided by the school, and intended to be used primarily on behalf of the school.

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     (2) "Applicant" means an applicant for admission to an educational institution.

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     (3) "Educational institution" means a private or public institution that offers participants,

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students or trainees an organized course of study or training that is academic, technical, trade-

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oriented or preparatory for gainful employment in a recognized occupation.

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     (4) "Student" means any student, participant, or trainee, whether full-time or part-time, in

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an organized course of study at an educational institution.

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     16-100-2. Social media password requests prohibited. -- No educational institution

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shall require, request, suggest, or cause a student or prospective student to do any of the

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following:

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     (1) Disclose the user name, password or any other means for accessing a personal social

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media account;

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     (2) Access a personal social media account in the presence of the educational institution’s

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employee or representative; or

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     (3) Divulge any personal social media information.

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     16-100-3. Social media access requests prohibited. -- No educational institution shall

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compel a student or applicant, as a condition of acceptance or participation in curricular or

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extracurricular activities, to add anyone, including a coach, teacher, school administrator, or other

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school employee or school volunteer, to their list of contacts associated with a social media

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account or require, request, suggest, or cause a student or applicant to change the privacy settings

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associated with a social networking account.

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     16-100-4. Disciplinary action prohibited. -- No educational institution shall:

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     (1) Discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or

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otherwise penalize any student for a student’s refusal to disclose any information specified in

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section 16-100-2 or for refusal to add a coach, teacher, school administrator, or other school

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employee or school volunteer to their list of contacts associated with a social media account or to

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change the privacy settings associated with a social media account, as specified in section 16-

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100-3; or

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     (2) Fail or refuse to admit any applicant as a result of the applicant’s refusal to disclose

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any information specified in section 16-100-2 or for refusal to add a coach, teacher, school

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administrator, or other school employee or school volunteer to their list of contacts associated

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with a social media account or to change the privacy settings associated with a social media

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account, as specified in section 16-100-3.

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     16-100-5. Exceptions. -- This chapter shall not apply to information about a student that

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is publicly available.

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     16-100-6. Penalties for violations. -- In any civil action alleging a violation of this

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chapter, the court may:

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     (1) Award to a prevailing applicant, employee or student punitive damages in addition to

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any award of actual damages, and reasonable attorneys' fees and costs; and

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     (2) Award injunctive relief against any employer, school, or agent of any employer or

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school who commits or proposes to commit a violation of this chapter.

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     SECTION 2. Title 28 of the General Laws entitled "LABOR AND LABOR

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RELATIONS" is hereby amended by adding thereto the following chapter:

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     CHAPTER 55

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EMPLOYEE SOCIAL MEDIA PRIVACY

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     28-55-1. Definitions. -- For the purposes of this chapter:

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     (1) "Social media account" means an electronic service or account, or electronic content,

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including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and

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text messages, email, online service or accounts, or Internet website profiles or locations. For the

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purposes of this chapter, social media account does not include an account opened at an

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employer’s behest, or provided by an employer, and intended to be used primarily on behalf of

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the employer.

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     (2) "Applicant" means an applicant for employment.

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     (3) "Employee" means an individual who provides services or labor for an employer for

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wages or other remuneration.

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     (4) "Employer" includes the state and all political subdivisions of the state, and any

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person in this state employing individuals, and any person acting in the interest of an employer

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directly or indirectly.

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     28-55-2. Social media password requests prohibited. -- No employer shall require,

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request, suggest, or cause an employee or applicant to do any of the following:

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     (1) Disclose the user name, password or any other means for accessing a personal social

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media account;

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     (2) Access a personal social media account in the presence of the employer or

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representative;

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     (3) Divulge any personal social media information except when reasonably believed to be

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relevant to an investigation of allegations of employee misconduct or employee violation of

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applicable laws and regulations; provided, that the social media account is used solely for

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purposes of that investigation or a related proceeding.

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     28-55-3. Social media access requests prohibited. -- No employer shall compel an

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employee or applicant to add anyone, including the employer or their agent, to their list of

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contacts associated with a social media account or require, request, suggest or cause an employee

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or applicant to change the privacy settings associated with a social media account.

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     28-55-4. Disciplinary actions prohibited. -- No employer shall:

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     (1) Discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or

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otherwise penalize any employee for an employee’s refusal to disclose any information specified

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in section 28-55-2 or for refusal to add the employer to their list of contacts associated with a

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social media account or to change the privacy settings associated with a social media account, as

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specified in section 28-55-3; or

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     (2) Fail or refuse to hire any applicant as a result of the applicant’s refusal to disclose any

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information specified in section 28-55-2 or for refusal to add the employer to their list of contacts

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associated with a social media account or to change the privacy settings associated with a social

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media account, as specified in section 28-55-3.

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     28-55-5. Exceptions. -- This chapter shall not apply to information about an applicant or

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employee that is publicly available.

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     28-55-6. Penalties for Violations. -- In any civil action alleging a violation of this

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chapter, the court may:

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     (1) Award to a prevailing applicant, employee or student punitive damages in addition to

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any award of actual damages, and reasonable attorneys' fees and costs; and

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     (2) Award injunctive relief against any employer, school, or agent of any employer or

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school who commits or proposes to commit a violation of this chapter.

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     SECTION 3. This act shall take effect upon passage.

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LC00831

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION AND LABOR - SOCIAL MEDIA PRIVACY

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     This act would establish a social media privacy policy for students and employees.

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     This act would take effect upon passage.

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LC00831

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