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New Illinois Law: Don't Ask/Don't Tell Facebook Passwords

August 2012

By: Anthony J. Caruso, Esq.

It's the law...effective January 1, 2013, Illinois employers cannot ask or require applicants or employees to provide to the employer any password or related information about the prospective employee's or employee's account or profile on a social networking site (i.e. Facebook, Twitter, etc.).

It should be noted that the law allows employers to continue to access prospective employee or employee information that is in the public domain. Also, the employer still has the right to limit the use of the employer's electronic equipment by its employees by its policies regarding internet use, social networking site use, and electronic mail use.

This new amendment to the Right to Privacy in the Workplace Act, under Section 10, was signed by Governor Pat Quinn on August 1, 2012. As such, no employers are exempt under this law.