2013 -- H 5255 SUBSTITUTE A AS AMENDED

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LC00831/SUB A/3

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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 or 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" or “school” means a private or public institution that offers

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participants, students or trainees an organized course of study or training that is academic,

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technical, trade-oriented or preparatory for gainful employment in a recognized occupation and

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shall include any person acting as an agent of the institution.

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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:

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     (1) Require, coerce or request a student or prospective student to disclose the password or

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any other means for accessing a personal social media account;

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     (2) Require, coerce or request a student or prospective student to access a personal social

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media account in the presence of the educational institution’s employee or representative; or

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     (3) Require or coerce a student or prospective student to divulge any personal social

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media account 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 personal social

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media account or require, request, or cause a student or applicant to alter settings that affect a

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third party’s ability to view the contents of a personal social media 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 or provide access to any

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

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other school employee or school volunteer to their list of contacts associated with a personal

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social media account or to alter settings associated with a personal social media account, as

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specified in section 16-100-3; or

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

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

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teacher, school administrator, or other school employee or school volunteer to their list of

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contacts associated with a personal social media account or to alter settings associated with a

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personal social media 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 or student declaratory relief, damages, and reasonable

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attorneys' fees and costs; and

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

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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, or intended to be used primarily on behalf of the

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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:

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     (1) Require, coerce or request an employee or applicant to disclose the password or any

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other means for accessing a personal social media account;

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     (2) Require, coerce or request an employee or applicant to access a personal social media

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account in the presence of the employer or representative;

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     (3) Require or coerce an employee or applicant to divulge any personal social media

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account information except when reasonably believed to be relevant to an investigation of

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allegations of employee misconduct or workplace-related violation of applicable laws and

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regulations and when not otherwise prohibited by law or constitution; provided, that the

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information is accessed and used solely to the extent necessary for purposes of that investigation

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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 personal social media account or require, request, or cause an

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employee or applicant to alter settings that affect a third party’s ability to view the contents of a

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personal 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 or provide access to 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 personal social media account or to alter the settings associated with a personal

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social media account, as 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 or

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provide access to any information specified in section 28-55-2 or for refusal to add the employer

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or their agent to their list of contacts associated with a personal social media account or to alter

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the settings associated with a personal social media account, as specified in section 28-55-3.

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     28-55-5. Exceptions. – (a) This chapter shall not apply to information about an applicant

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or employee that is publicly available.

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     (b) This chapter shall not prohibit or restrict an employer from complying with a duty to

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screen employees or applicants before hiring or to monitor or retain employee communications

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that is established by a self-regulatory organization as defined by the securities and exchange act

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of 1934, 15 U.S.C. sec. 78c(a)(26) or under state or federal law or regulation to the extent

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necessary to supervise communications of insurance or securities licensees for insurance or

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securities related business purposes.

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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 or employee declaratory relief, damages and

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reasonable attorneys' fees and costs; and

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     (2) Award injunctive relief against any employer or agent of any employer who commits

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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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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/SUB A/3

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