Illinois and Federal Legislation to Restrict Employer Access to Social Networking Log-in Credentials

It was recently announced that Governor Quinn will sign legislation that will amend Illinois’ Right to Privacy in the Workplace Act, 820 ILCS 55/1 et seq. (the Act), to prohibit employers from requesting or requiring employees and applicants for employment to disclose their log-in credentials for or to grant access to their social media accounts. Once the legislation has been signed, Illinois will be the second state in the country (after Maryland) to prohibit employers from requesting or requiring social networking log-in credentials from applicants and employees. The legislation will amend Section 55/10 of the Act, entitled “Prohibited Inquiries.”

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