Illinois’ New Social Media Password Law Raises Substantial and Unjustified Obstacles to Employers’ Legitimate Business Activities

With last week’s approval by Illinois’ Senate of a House bill entitled, “The Right to Privacy in the Workplace Act,” Illinois (assuming the Governor signs the bill) will soon become the second state, joining Maryland, to forbid employers from requesting or requiring log-in credentials for an applicant’s or employee’s social networking site. This bill, like Maryland’s law, raises significant interpretative challenges for employers while imposing unjustified and overbroad restrictions on their ability to run their own business.

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