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MI HB5623
Bill
Status
5/10/2012
Primary Sponsor
Paul Opsommer
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AI Summary
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Prohibits employers and educational institutions from requesting employees, applicants, students, or prospective students to disclose access information (usernames, passwords, login credentials) for personal data storage accounts.
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Prohibits employers and educational institutions from requesting authorization to access personal data storage accounts through "friending" or "shoulder surfing" (viewing account contents after being granted access but without obtaining login credentials).
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Prohibits employers and educational institutions from discriminating against individuals for refusing to disclose access information, lacking a personal data storage account, or declining to authorize access to their accounts.
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Establishes misdemeanor penalties of up to 93 days imprisonment or $1,000 fine for violations; individuals harmed by violations can pursue civil action for actual damages or $5,000 (whichever is greater) plus attorney fees and court costs.
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Creates exceptions allowing employers to base employment decisions on publicly available information or authorized background checks, and permits law enforcement agencies to establish social media policies and negotiate shoulder-surfing access agreements with employee representatives.
Legislative Description
Civil rights; privacy; information for accessing social networking account; prohibit employers from requiring disclosure. Creates new act.
Labor, fair employment practices
Last Action
Printed Bill Filed 05/11/2012
5/15/2012