AN ACT. To enact Chapter 28 of Title 51 of the Louisiana Revised Statutes of 1950, to be comprised



Similar documents
Substitute Senate Bill No Public Act No AN ACT CONCERNING EMPLOYEE ONLINE PRIVACY.

LEGISLATIVE BILL 821

INSURANCE/LIFE: Provides relative to unclaimed life insurance benefits AN ACT

AN ACT. 441, 442, 443, and 444(B)(1), to enact R.S. 17:418 and 532(C), and to repeal R.S.

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE. Sponsored by: Senator SHIRLEY K. TURNER District 15 (Hunterdon and Mercer)

Senate Bill No. 48 Committee on Health and Human Services

HOUSE BILL NO (Substitute for House Bill No. 903 by Representative Simon)

Social Media Privacy Act

$&71R SENATE BILL NO (SUBSTITUTE FOR SENATE BILL 812 BY SENATOR SCHEDLER)

Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.

CHAPTER 149 FORMERLY SENATE SUBSTITUTE NO. 1 FOR SENATE BILL NO. 79

Legislative Language

170 Immunization of persons entering schools, kindergartens, colleges, proprietary or vocational schools, and day care centers for the first time

$&71R ENROLLED. Regular Session, 2001 HOUSE BILL NO BY REPRESENTATIVES SCALISE AND JOHNS AN ACT

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following:

HIPAA BUSINESS ASSOCIATE ADDENDUM (Privacy & Security) I. Definitions

ENROLLED ACT NO. 2, HOUSE OF REPRESENTATIVES SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING 2015 GENERAL SESSION

Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.

HIPAA Privacy and Business Associate Agreement

How To Get A Nursing License

ASSEMBLY, No STATE OF NEW JERSEY. 209th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION

BUSINESS ASSOCIATE AGREEMENT

How To Protect Student Data In Wyoming

CHAPTER 116. C.12A:12-1 Short title. 1. This act shall be known and may be cited as the "Uniform Electronic Transactions Act."

HOUSE BILL No By Committee on Insurance AN ACT enacting the Kansas professional employer organization licensing

SOCIAL MEDIA PRIVACY ACT (EMPLOYEE ONLINE PRIVACY PROTECTION ACT)

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) BUSINESS ASSOCIATE AGREEMENT

S. ll IN THE SENATE OF THE UNITED STATES A BILL

BUSINESS ASSOCIATE ADDENDUM

LEGISLATURE OF THE STATE OF IDAHO Sixty-second Legislature First Regular Session IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO.

PENNSYLVANIA SUNSHINE ACT 65 Pa.C.S.A This chapter shall be known and may be cited as the Sunshine Act.

CHAPTER 209 HOUSE BILL 2395 AN ACT

BUSINESS ASSOCIATE ADDENDUM

(125th General Assembly) (Substitute House Bill Number 108) AN ACT

SENATE FILE NO. SF0083. Senator(s) Peterson and Representative(s) Harvey A BILL. for. AN ACT relating to Medicaid; creating the Wyoming Medicaid

HOUSE OF REPRESENTATIVES 2252 TWENTY-EIGHTH LEGISLATURE, 2016 H.D. 1 STATE OF HAWAII A BILL FOR AN ACT

BUSINESS ASSOCIATE AGREEMENT

NPSA GENERAL PROVISIONS

Please note that this Act can also be viewed online on the Illinois General Assembly website at

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 S 1 SENATE BILL 375. Short Title: Facilitate Statewide Health Info. Exchange. (Public) March 21, 2011

TITLE 42 - Section Findings and declarations

STATE OF OKLAHOMA. 1st Session of the 55th Legislature (2015) AS INTRODUCED

HOUSE BILL No AN ACT concerning nurse aide trainees; criminal background checks.

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 494

BUSINESS ASSOCIATE AGREEMENT

CHAPTER Senate Bill No A

HIPAA BUSINESS ASSOCIATE ADDENDUM

OKLAHOMA STATUTES TITLE 70. SCHOOLS DIVISION III. OTHER SCHOOL LAWS CHAPTER 15. HEALTH AND SAFETY DIABETES MANAGEMENT IN SCHOOLS ACT

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 1033

S 0329 S T A T E O F R H O D E I S L A N D

Provider secure web portal & Member Care Information portal Registration Form

Agent's Name Insurance Agency, LLC. Agent's Address is a party to this Agreement and is hereinafter called the "Agent".

Regular Session, ACT No Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.

BY REPRESENTATIVES ROBIDEAUX, BARROW, HENRY BURNS, HUNTER, AND PATRICK WILLIAMS. Page 1 of 10

BUSINESS ASSOCIATE AGREEMENT. Emory University and/or Emory Healthcare, Inc. ( Emory ) ( Covered Entity ) and

EXHIBIT C BUSINESS ASSOCIATE AGREEMENT

How To Pass The Marriamandary Individual Tax Preparers Act

PUBLIC LAW AUG. 3, 1996 NATIONAL GAMBLING IMPACT STUDY COMMISSION ACT

Please print the attached document, sign and return to or contact Erica Van Treese, Account Manager, Provider Relations &

1. LIMITATIONS ON ACCESS TO, OR DISCLOSURE OF, PERSONALLY IDENTIFIABLE INFORMATION.

BUSINESS ASSOCIATE AGREEMENT TERMS

COVERMYMEDS BUSINESS ASSOCIATE AGREEMENT

BOARD OF REGENTS GUIDELINES LOUISIANA CLASSROOM TEACHER ENROLLMENT PROGRAM (CTEP)

CHAPTER 340. Article I. Findings and Statement of Purpose.

NEW JERSEY FAMILY COLLABORATIVE LAW ACT. An Act concerning family collaborative law and supplementing Title 2A of the New Jersey Statutes.

CHAPTER 226. C.56:11-44 Short title. 1. This act shall be known and may be cited as the "Identity Theft Prevention Act."

SENATE DOCKET, NO. 176 FILED ON: 1/14/2015. SENATE... No The Commonwealth of Massachusetts PRESENTED BY: Marc R. Pacheco

Washington Parish Communications District 805 Pearl Street Franklinton, Louisiana (985)

LEGISLATURE OF THE STATE OF IDAHO Sixty-third Legislature First Regular Session IN THE SENATE SENATE BILL NO. 1055

*HB0349* H.B. 349 H.B OPEN ENROLLMENT REVISIONS. LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: D.S Larsen :20 AM 6

PRAIRIE SPIRIT SCHOOL DIVISION NO. 206, BOX 809, 121 KLASSEN STREET EAST, WARMAN, SK S0K 4S0 -- PHONE: (306)

CHAPTER 50. C.2A:23D-1 Short title. 1. This act shall be known and may be cited as the New Jersey Family Collaborative Law Act.

WASHINGTON LAWS, 1987

Retail Business Uniform Closing Day Act

CERTIFICATION OF ENROLLMENT ENGROSSED SECOND SUBSTITUTE HOUSE BILL Chapter 151, Laws of st Legislature 2010 Regular Session

Comment [1]: BDERIV. Comment [2]: EDERIV

TERMS OF USE 1. Definitions

CHAPTER 331. C.45:2D-1 Short title. 1. This act shall be known and may be cited as the "Alcohol and Drug Counselor Licensing and Certification Act.

Provider Web Portal Registration Form

Securities Whistleblower Incentives and Protection

AGREEMENT BETWEEN USER AND International Network of Spinal Cord Injury Nurses

INTERMACS REGISTRY BUSINESS ASSOCIATE AGREEMENT

SaaS. Business Associate Agreement

Chief Clerk of the Assembly. Secretary of the Senate. Private Secretary of the Governor

BUSINESS ASSOCIATE ADDENDUM. WHEREAS, Provider (as defined below) has a contractual relationship with FHCCP requiring this Addendum;

B. Terms of Agreement; Google Terms of Service; Conflicting Provisions

05 SB270/AP. Senate Bill 270 By: Senators Williams of the 19th, Whitehead, Sr. of the 24th and Kemp of the 46th A BILL TO BE ENTITLED AN ACT

BUSINESS ASSOCIATE AGREEMENT

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

Regular Session, ACT No To amend and reenact R.S. 9:3573.1, (A), (1), (8), (9) and (10), ,

Technical Help Desk Terms of Service

ADP Ambassador /Referral Rewards Program. Terms and Conditions of Use

BUSINESS ASSOCIATE AGREEMENT

Small Business Administration Grants - Section 107

H. R SEC DIRECTORATE FOR INFORMATION ANALYSIS AND INFRA STRUCTURE PROTECTION.

HIPAA BUSINESS ASSOCIATE AGREEMENT

LINCOLN UNIVERSITY. Approved by President and Active. 1. Purpose of Policy

TERMS AND CONDITIONS

Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP SENATE SPONSORSHIP

HOUSE BILL No page 2

Transcription:

Regular Session, 0 HOUSE BILL NO. 0 ACT No. BY REPRESENTATIVE JAMES 0 AN ACT To enact Chapter of Title of the Louisiana Revised Statutes of, to be comprised of R.S. : through, relative to Internet privacy; to prohibit employers and educational institutions from requesting or requiring certain individuals to disclose information that allows access to or observation of personal online accounts; to prohibit employers and educational institutions from taking certain actions for failure to disclose information that allows access to personal online accounts; to provide for certain individuals to self-disclose information that allows access to or observation of personal online accounts; to limit liability for failure to search or monitor the activity of an individual's personal online account; to provide for exceptions; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section. Chapter of Title of the Louisiana Revised Statutes of, comprised of R.S. : through, is hereby enacted to read as follows: CHAPTER. PERSONAL ONLINE ACCOUNT PRIVACY PROTECTION ACT. Title This Chapter shall be known and may be cited as the "Personal Online Account Privacy Protection Act".. Definitions As used in this Chapter, the terms defined in this Section have the meanings herein given to them, except where the context expressly indicates otherwise: () "Educational institution" means a public or private educational institution or a separate school or department of a public or private educational institution and includes but is not limited to the following: Page of

HB NO. 0 (a) A university, college, or junior college. (b) An academy. (c) An elementary or secondary school. (d) An extension course. (e) A kindergarten. (f) A nursery school. (g) A school system, school district, or intermediate school district. (h) A business, nursing, professional, secretarial, technical, or vocational school. 0 0 (i) A public or private educational testing service or test administrator. (j) An agent of an educational institution. () "Employer" means a person, including a unit of state or local government, engaged in a business, industry, profession, trade, or other enterprise in this state and includes an agent, representative, or designee of the employer. () "Personal online account" means an online account that the employee, applicant for employment, student, or prospective student uses exclusively for personal communications unrelated to any business purpose of the employer or educational institution. A personal online account does not extend to any account or profile created, serviced, maintained, used, or accessed by a current employee, applicant for employment, student, or prospective student for either business purposes of the employer or educational institution or to engage in business-related communications. () "Electronic communications device" means any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device.. Employers; prohibited activities; exceptions A. An employer shall not do any of the following: () Request or require an employee or applicant for employment to disclose any username, password, or other authentication information that allows access to the employee's or applicant's personal online account. Page of

HB NO. 0 0 0 () Discharge, discipline, fail to hire, or otherwise penalize or threaten to penalize an employee or applicant for employment for failure to disclose any information specified in this Subsection. B. An employer shall not be prohibited from doing any of the following: () Requesting or requiring an employee or applicant for employment to disclose any username, password, or other authentication information to the employer to gain access to or operate any of the following: (a) An electronic communications device paid for or supplied in whole or in part by the employer. (b) An account or service provided by the employer, obtained by virtue of the employee's or applicant's relationship with the employer, or used for the employer's business purposes. () Disciplining or discharging an employee for transferring the employer's proprietary or confidential information or financial data to an employee's personal online account without the employer's authorization. () Conducting an investigation or requiring an employee or applicant to cooperate in an investigation in any of the following circumstances: (a) If there is specific information about activity on the employee's personal online account, for the purpose of ensuring compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct. (b) If the employer has specific information about an unauthorized transfer of the employer's proprietary information, confidential information, or financial data to an employee's or applicant's personal online account. () Conducting an investigation or requiring an employee or applicant to cooperate in an investigation as specified in this Subsection, including requiring the employee or applicant to share the content that has been reported in order to make a factual determination, without obtaining the username and password to the employee's or applicant's personal online account. () Restricting or prohibiting an employee's or applicant's access to certain websites while using an electronic communications device paid for or supplied in Page of

HB NO. 0 0 whole or in part by the employer or while using an employer's network or resources, in accordance with state and federal law. C. If through the use of an electronic device or program that monitors an employer's network or the use of an employer-provided device, an employer inadvertently receives an employee's or applicant's username, password, or other authentication information, the employer shall not be liable for having the information, but shall not use the information to access the employee's or applicant's personal online account. D. An employer shall not be prohibited or restricted from complying with a duty to screen employees or applicants prior to hiring or to monitor or retain employee communications that are established pursuant to state or federal law, rules or regulations, case law, or rules of self-regulatory organizations. E. An employer shall not be prohibited or restricted from viewing, accessing, or utilizing information about an employee or applicant that can be obtained without the information specified in Paragraph (A)() of this Section or that is available in the public domain. F. An employer shall not be prohibited or restricted from requiring an employee to provide a personal e-mail address in order to facilitate communication with the employee in the event the employer's e-mail system fails. G. Nothing in this Section shall be construed to prohibit or restrict an employee or applicant for employment from self-disclosing any username, password, or other authentication information to the employer that allows access to the employee's or applicant's personal online account.. Educational institutions; prohibited activities; exceptions A. An educational institution shall not do any of the following: () Request or require a student or prospective student to disclose any username, password, or other authentication information that allows access to the student's or prospective student's personal online account. Page of

HB NO. 0 0 () Expel, discipline, fail to admit, or otherwise penalize or threaten to penalize a student or prospective student for failure to disclose any information specified in this Subsection. B. An educational institution shall not be prohibited from requesting or requiring a student or prospective student to disclose any username, password, or other authentication information to the educational institution to gain access to or operate any of the following: () An electronic communications device paid for or supplied in whole or in part by the educational institution, except where the device has been provided to the student or prospective student with the intent to permanently transfer ownership of the device to the student or prospective student. () An account or service provided by the educational institution that is either obtained by virtue of the student's or prospective student's admission to the educational institution or used by the student or prospective student for educational purposes. C. An educational institution shall not be prohibited from doing any of the following: () Viewing, accessing, or utilizing information about a student or prospective student that can be obtained without the information specified in Paragraph (A)() of this Section or that is available in the public domain. () Restricting or prohibiting a student's or prospective student's access to certain websites while using an electronic communications device paid for or supplied in whole or in part by the educational institution or while using an educational institution's network or resources, in accordance with state and federal law, except where the device has been provided to the student or prospective student with the intent to permanently transfer the ownership of the device to the student or prospective student. D. Nothing in this Section shall be construed to prohibit or restrict a student or prospective student from self-disclosing any username, password, or other Page of

HB NO. 0 authentication information to the educational institution that allows access to the student's or prospective student's personal online account.. No duty to monitor; liability A. This Chapter shall not create a duty for an employer or educational institution to search or monitor the activity of an individual's personal online account. B. An employer or educational institution shall not be liable under this Chapter for failure to request or require an employee, a student, an applicant for employment, or a prospective student to disclose information that allows access to the employee's, student's, applicant's, or prospective student's personal online account. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page of