S.B. 2010 Summary

• Establishes the Uniform Employee and Student Online Privacy Protection Act to protect online accounts of employees, prospective employees, unpaid interns, students, prospective students, and independent contractors from employers and educational institutions.

• Prohibits employers and educational institutions from requiring or coercing disclosure of login information, account content, or altering account settings for protected personal online accounts (social media, email, etc.).

• Allows employers and educational institutions to access account content (but not login information) based on specific facts to investigate legal violations, work/education-related misconduct, protect safety, or secure IT systems, with reasonable limitations on scope and use.

• Permits login information acquisition through lawful network monitoring for security purposes, but requires secure handling and prompt disposal unless retained for ongoing breach investigations.

• Establishes civil enforcement through the attorney general (up to $1,000 per violation, capped at $100,000) and private right of action for employees or students to recover injunctive relief, actual damages, and attorney's fees.

• Effective date: January 1, 2050.