March 29, 2012, Introduced by Reps. Nesbitt, Opsommer and Horn and referred to the Committee on Energy and Technology.
A bill to prohibit employers and educational institutions from
requiring certain individuals to disclose information that allows
access to certain social networking accounts; to prohibit employers
and educational institutions from taking certain actions for
failure to disclose information that allows access to certain
social networking accounts; and to provide remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"social network account privacy act".
Sec. 2. As used in this act:
(a) "Access information" means user name, password, login
information, or other security information that protects access to
a social networking account.
(b) "Educational institution" means a public or private
educational institution or a separate school or department of a
public or private educational institution, and includes an academy;
elementary or secondary school; extension course; kindergarten;
nursery school; school system; school district; intermediate school
district; business, nursing, professional, secretarial, technical,
or vocational school; and an agent of an educational institution.
Educational institution shall be construed broadly to include
public and private institutions of higher education to the greatest
extent consistent with constitutional limitations.
(c) "Employer" means a person, including a unit of state or
local government, engaged in a business, industry, profession,
trade, or other enterprise in this state and includes an agent,
representative, or designee of the employer.
(d) "Social networking account" means a personalized, privacy-
protected website that allows an individual to do all of the
following:
(i) Construct a public or semipublic profile within a bounded
system established by an internet-based service.
(ii) Create a list of other system users who are granted access
to, and reciprocal communication privileges with, the individual's
website.
Sec. 3. An employer shall not do any of the following:
(a) Request an employee or an applicant for employment to
disclose access information associated with the employee's or
applicant's social networking account.
(b) Discharge, discipline, fail to hire, or otherwise
discriminate against an employee or applicant for employment for
failure to disclose access information associated with the
employee's or applicant's social networking account.
Sec. 4. An educational institution shall not do any of the
following:
(a) Request a student or prospective student to disclose
access information associated with the student or prospective
student's social networking account.
(b) Discharge, discipline, fail to admit, or otherwise
discriminate against a student or prospective student for failure
to disclose access information associated with the student's or
prospective student's social networking account.
Sec. 5. (1) A person who violates section 3 or 4 is guilty of
a misdemeanor punishable by imprisonment for not more than 93 days
or a fine of not more than $1,000.00, or both.
(2) An individual who is the subject of a violation of this
act may bring a civil action for a violation of section 3 or 4 and
may recover actual damages or $1,000.00, whichever is greater, and
reasonable attorney fees and court costs. Except for good cause,
not later than 60 days before filing a civil action, the individual
shall make a written demand of the alleged violator for the greater
of the amount of the individual's actual damages or $1,000.00. The
written demand shall include reasonable documentation of the
violation and, if applicable, of the actual damages. The written
demand and documentation shall either be served in the manner
provided by law for service of process in civil actions or mailed
by certified mail with sufficient postage affixed and addressed to
the alleged violator at his or her residence, principal office, or
place of business. An action under this subsection may be brought
in the circuit court for the county where the alleged violation
occurred or for the county where the person against whom the civil
complaint is filed resides or has his or her principal place of
business.