PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1055
(Reference to printed bill)
Strike everything after the enacting clause and insert:
“Section 1. Title 23, chapter 2, Arizona Revised Statutes, is amended by adding article 16, to read:
ARTICLE 16. SOCIAL MEDIA PASSWORDS
23-495. Definitions
In this article, unless the context otherwise requires:
1. "Applicant" means an applicant for employment.
2. "Electronic communications device":
(a) Means a device that uses electronic signals to create, transmit and receive information.
(b) Includes computers, telephones, personal digital assistants and other similar devices.
3. "Employer":
(a) means this state, a political subdivision of this state or a person engaged in a business, an industry, a profession, a trade or other enterprise in this state.
(b) includes an agent, a representative or a designee of a person or an entity described in SUBDIVISION (a) OF this paragraph.END_STATUTE
23-495.01. Social media request; prohibition; prohibited downloads; permissible investigations
A. An employer shall not do any of the following:
1. Request or require that an employee or applicant disclose any user name, password or other means of accessing a personal account or service through an electronic communications device.
2. Discharge, discipline or otherwise penalize or threaten to discharge, discipline or otherwise penalize an employee for an employee's refusal to disclose any information specified in paragraph 1 of this subsection.
3. Fail or refuse to hire an applicant as a result of the applicant's refusal to disclose any information specified in paragraph 1 of this subsection.
B. An employer may require an employee to disclose any user name, password or other means for accessing nonpersonal accounts or services that provide access to the employer's internal computer or information systems.
C. An employee shall not download without authorization employer proprietary information or financial data to an employee's personal website, an internet website, a web-based account or any similar account.
D. This section does not prevent an employer from doing any of the following:
1. Conducting an investigation to ensure compliance with securities or financial laws or other regulatory requirements based on information indicating an employee's use of a personal website, internet website, web‑based account or a similar account for business purposes.
2. Investigating an employee's potential violation of subsection C of this section.
3. Prescribing workplace policies governing the use of the employer's electronic equipment including the use of thE equipment for electronic mail or to access the internet or social networking sites.
4. Monitoring the use of the employer's electronic equipment and the employer's electronic mail, except as proscribed in subsection A of this section.”
Amend title to conform