HF 2982

as introduced - 87th Legislature (2011 - 2012) Posted on 03/29/2012 12:25pm

A bill for an act
relating to employment; prohibiting employers from requesting or requiring
social network user names, passwords, or related information; amending
Minnesota Statutes 2010, section 181.53.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 181.53, is amended to read:

181.53 CONDITIONS PRECEDENT TO EMPLOYMENT NOT REQUIRED.

new text begin (a) new text end No person, whether acting directly or through an agent, or as the agent or
employee of another, shall require as a condition precedent to employment any written
statement as to the participation of the applicant in a strike, or as to a personal record, save
as to conviction of a public offense, for more than one year immediately preceding the date
of application therefor; nor shall any person, acting in any of the aforesaid capacities, use
or require blanks or forms of application for employment in contravention of this section.

new text begin (b) No person, whether acting directly or through an agent, shall request or require
that any employee or prospective employee provide any user name, password, or other
related account information in order to gain access to the employee's or prospective
employee's account or profile on a social networking Web site. For the purpose of this
paragraph, "social networking Web site" means an Internet-based service that allows
individuals to: (1) construct a public or semipublic profile within a bounded system
created by the service; (2) create a list of other users with whom they share a connection
within the system; and (3) view and navigate their list of connections and those made
by others within the system. A social networking Web site shall not include electronic
mail. This paragraph shall not limit an employer's right to develop and maintain lawful
workplace policies governing the use of the employer's electronic equipment, including
policies regarding Internet use, social networking Web site use, and electronic mail use.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end