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H. B. No. 424 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Bishoff, Hackett
Cosponsors:
Representatives Becker, Derickson, Milkovich, Reece, Terhar
A BILL
To amend section 4113.99 and to enact sections
4113.35 to 4113.39 of the Revised Code to prohibit
employers and educational institutions from
requiring an employee, applicant, student, or
prospective student to provide access to any
personal Internet account of the employee,
applicant, student, or prospective student.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4113.99 be amended and sections
4113.35, 4113.36, 4113.37, 4113.38, and 4113.39 of the Revised
Code be enacted to read as follows:
Sec. 4113.35. As used in sections 4113.35 to 4113.39 of the
Revised Code:
(A) "Access information" means a user name, password, login
information, or other security information that protects access to
a personal internet-based account or electronic device.
(B) "Educational institution" means a public or private
educational institution and each separate school of a public or
private educational institution, and includes all of the
following:
(1) A state institution of higher education as defined in
section 3345.011 of the Revised Code;
(2) A private, nonprofit institution in this state holding a
certificate of authorization pursuant to Chapter 1713. of the
Revised Code;
(3) A career college in this state that holds a certificate
of registration from the state board of career colleges and
schools under Chapter 3332. of the Revised Code;
(4) A private institution exempt from regulation under
Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code, if the program has a certificate of
authorization issued pursuant to Chapter 1713. of the Revised
Code;
(5) A school operated by a board of education or an
educational service center;
(6) A community school established under Chapter 3314. of the
Revised Code;
(7) A STEM school established under Chapter 3326. of the
Revised Code;
(8) A college preparatory boarding school established under
Chapter 3328. of the Revised Code;
(9) A chartered nonpublic school;
(10) A nonchartered nonpublic school;
(11) A career-technical center, joint vocational school
district, comprehensive career-technical center, or compact
career-technical center;
(12) An educational testing service.
(C) "Employer" has the same meaning as in section 4113.51 of
the Revised Code.
(D) "Internet-based account" means an account created within
a bounded, internet-based system that requires an individual to
use an electronic device to view, create, utilize, or edit the
individual's account information, profile, display,
communications, or other stored data.
Sec. 4113.36. No employer shall do either of the following:
(A) Ask or require an employee or an applicant for employment
to grant access to, allow observation of, or provide access
information to the employee's or applicant's personal
internet-based account;
(B) Discharge, discipline, fail to hire, or otherwise
penalize an employee or an applicant for employment for failing or
refusing to grant access to, allow observation of, or provide
access information to the employee's or applicant's personal
internet-based account.
Sec. 4113.37. No educational institution shall do either of
the following:
(A) Ask or require a student or prospective student to grant
access to, allow observation of, or provide access information to
the employee's or applicant's personal internet-based account;
(B) Expel, discipline, fail or refuse to admit, or otherwise
penalize a student or prospective student for failure to grant
access to, allow observation of, or provide access information to
the student's or prospective student's personal internet-based
account.
Sec. 4113.38. (A) Nothing in section 4113.36 of the Revised
Code shall be construed to prohibit an employer from doing any of
the following:
(1) Requesting or requiring an employee to disclose access
information to allow the employer to gain access to or operate
either of the following:
(a) An electronic communication device paid for in whole or
in part by the employer;
(b) An internet-based account or other service provided by
the employer, obtained by virtue of the employee's employment
relationship with the employer or used for the employer's business
purposes.
(2) Disciplining or discharging an employee for transferring
the employer's proprietary, confidential, or financial information
to an employee's personal internet-based account without the
employer's authorization;
(3) Conducting an investigation or requiring an employee to
cooperate in an investigation in either of the following
circumstances:
(a) The employer has specific information about activity on
the employee's personal internet-based account and must conduct
the investigation to ensure compliance with applicable laws,
regulations, or other prohibitions against work-related employee
misconduct.
(b) The employer has specific information about an
unauthorized transfer of the employer's proprietary, confidential,
or financial information to an employee's personal internet-based
account.
(4) Restricting or prohibiting an employee's access to
certain web sites while using an electronic communication device
paid for in whole or in part by the employer or while using the
employer's network or resources, in accordance with state or
federal law;
(5) Monitoring, reviewing, or accessing electronic data that
is stored on an electronic communication device paid for in whole
or in part by the employer or that is traveling through or stored
on an employer's network, in accordance with state or federal law;
(6) Complying with a duty that is established under state or
federal law or by a self-regulatory organization, as that term is
defined in section 3 of the "Securities Exchange Act of 1934," 48
Stat. 881, 15 U.S.C. 78c, as amended, to screen an employee or an
applicant prior to hiring or to monitor or retain employee
communications;
(7) Viewing, accessing, or utilizing information about an
employee or applicant for employment that can be obtained without
the employee's or applicant's access information or that is
available in the public domain.
(B) Nothing in section 4113.37 of the Revised Code shall be
construed to prohibit an educational institution from doing either
of the following:
(1) Requesting or requiring a student to disclose access
information to allow the educational institution to gain access to
or operate either of the following:
(a) An electronic communication device paid for in whole or
in part by the educational institution;
(b) An account or service provided by the educational
institution that is either obtained by virtue of the student's
admission to the educational institution or is used by the student
for the institution's educational purposes.
(2) Viewing, accessing, or utilizing information about a
student or prospective student that can be obtained without the
student's or prospective student's access information or that is
available in the public domain.
Sec. 4113.39. (A) Except as provided in division (B) of this
section, an individual who is the subject of an alleged violation
of section 4113.36 or 4113.37 of the Revised Code may bring an
action in the court of common pleas in the county where the
alleged violation occurred or where the person alleged to have
committed the violation resides to enjoin the violation and to
recover up to one thousand dollars in damages, plus reasonable
attorney's fees and court costs.
(B) No individual may bring an action pursuant to division
(A) of this section until the individual has made a written demand
of the alleged violator in accordance with this division. An
individual shall make a written demand at least sixty days before
filing an action under division (A) of this section. The
individual shall make the written demand for not more than one
thousand dollars and shall include reasonable documentation of the
alleged violation in the written demand. The individual shall
serve the written demand by certified mail to the address of the
alleged violator at the alleged violator's residence, principal
office, or place of business or by any other means permitted by
the Rules of Civil Procedure for service of process.
(C) It is an affirmative defense to an action under this
section that an employer or educational institution that allegedly
committed a violation of section 4113.36 or 4113.37 of the Revised
Code acted to comply with requirements of a federal or state law.
Sec. 4113.99. (A) Whoever violates section 4113.15 of the
Revised Code is guilty of a misdemeanor of the first degree.
(B) Whoever violates section 4113.16, 4113.18, or 4113.19 of
the Revised Code is guilty of a minor misdemeanor.
(C) Whoever violates section 4113.17 of the Revised Code is
guilty of a minor misdemeanor for a first offense; for each
subsequent offense such person is guilty of a misdemeanor in the
fourth degree.
(D) Whoever violates section 4113.36 or 4113.37 of the
Revised Code is guilty of a misdemeanor in the first degree and
shall be fined not more than one thousand dollars.
Section 2. That existing section 4113.99 of the Revised Code
is hereby repealed.
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