Illinois Enacts Social Media Privacy Law

Illinois has become the third state to enact a law that pertains to social media privacy. Earlier this year, Maryland enacted a law that protects employers, employees, and job applicants and Delaware enacted a law that protects schools, students, and prospective students.

HB 3782 is now Public Act 097-0875 and will go into effect on January 1, 2013. The bill is modeled after Maryland's groundbreaking social media privacy legislation that became the first law in the country to specifically address an employee's digital right to privacy. At least 15 states have introduced social media privacy legislation along with Congress.

Employees and job applicants should still watch what they post online because anyone who has access to their posts may be able to re-post them or print them out for others to see. While an Illinois employer may not be able to require that an employee or job applicant provide access to one's password protected Facebook page or content as a condition for employment, one of your Facebook Friends can still freely contact your employer and send them your password protected digital content.

To learn more about these issues you may contact me at www.shearlaw.com.

Copyright 2012 by the Law Office of Bradley S. Shear, LLC All rights reserved

(Full Disclosure: I advised HB 3782's sponsor Rep. La Shawn Ford to try to ensure that the bill was a win-win for all parties that it affects.)