AB 218

Current law does not regulate employer access to, or observation of, the

personal Internet accounts of employees and applicants for employment, or

educational institution access to, or observation of, the personal Internet accounts

of students and prospective students, or landlord access to, or observation of, the

personal Internet accounts of tenants and prospective tenants.

This bill prohibits an employer, educational institution, or landlord from: 1)

requesting an employee, applicant for employment, student, prospective student,

tenant, or prospective tenant to grant access to, allow observation of, or disclose

information that allows access to or observation of the personal Internet account of

the employee, applicant, student, prospective student, tenant, or prospective tenant;

and 2) discharging, expelling, suspending, disciplining, or otherwise penalizing or

discriminating against any person for exercising the right to refuse such a a request,

opposing such a a practice, filing a complaint or attempting to enforce that right, or

testifying or assisting in any action or proceeding to enforce that right.

The bill, however, permits an employer, educational institution, or landlord to

view, access, or use information about an employee, applicant for employment,

student, prospective student, tenant, or prospective tenant that can be obtained

without access information or that is available from the public domain.

The bill also permits an employer or educational institution to request or

require an employee or student to disclose access information to the employer or

educational institution in order for the employer or educational institution to gain

access to or operate an electronic communications device paid for in whole or in part

by the employer or educational institution or to gain access to an account or service

that is provided by the employer or educational institution, that the employee or

student obtained by virtue of the employment relationship or admission to the

educational institution, or that is used for business or educational purposes.

The bill, in addition, permits an employer to do any of the following:

1. Discharge or discipline an employee for transferring the employer's

proprietary or confidential information or financial data to the employee's personal

Internet account without the employer's authorization.

2. Conduct an investigation or require an employee to cooperate in an

investigation of any alleged unauthorized transfer of the employer's proprietary or

confidential information or financial data to the employee's personal Internet

account or of any other alleged employment-related misconduct or violation of the

law.

3. Restrict or prohibit an employee's access to certain Internet sites while using

an electronic communications device paid for in whole or in part by the employer or

while using the employer's network or other resources.

4. Monitor, review, or access electronic data that is stored on an electronic

communications device paid for in whole or in part by the employer or electronic data