Illinois Amends Password Protection Law

Effective January 1, 2014, the Illinois password protection law has been amended to no longer apply when an employer requests access to a “professional account” to “monitor or retain employee communications as required under Illinois insurance laws or federal law or by a self-regulatory organization as defined in Section 3(A)(26) of the Securities Exchange Act of 1934, 15 U.S.C. 78(A)(26).”  A “professional account” is defined as “an account, service, or profile created, maintained, used, or accessed by a current or prospective employee for business purposes of the employer.”  The amendment also permits employers to seek access to a professional account when the employer has “a duty to screen applicants or employees prior to hiring.”

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