BILL NUMBER: SB 1349	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 2, 2012
	AMENDED IN SENATE  MARCH 27, 2012

INTRODUCED BY   Senator Yee

                        FEBRUARY 24, 2012

   An act to add Chapter 2.5 (commencing with Section 99120) to Part
65 of Division 14 of Title 3 of the Education Code, and to add
Chapter 2.5 (commencing with Section 980) to Part 3 of Division 2 of
the Labor Code, relating to social media privacy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1349, as amended, Yee. The Social Media Privacy Act:
postsecondary education and employment.
   Existing law establishes and sets forth the missions and functions
of the public and independent institutions of postsecondary
education in the state.
   Existing law generally regulates the conduct of employers in the
state.
   This bill would prohibit a postsecondary educational institution
and an employer, whether public or private, from requiring, or
formally requesting in writing, a student or an employee, or a
prospective student or employee, to disclose the user name 
or   and  account password for a personal social
media account,  as   defined,  or to otherwise
provide the institution or employer with access to any content of
that account  , except as provided  . 
   The bill would prohibit a postsecondary educational institution
and an employer from threatening a student or employee with or taking
specified pecuniary actions for refusing to disclose permissibly
requested information related to their personal social media account.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
Social Media Privacy Act.
  SEC. 2.  Chapter 2.5 (commencing with Section 99120) is added to
Part 65 of Division 14 of Title 3 of the Education Code, to read:
      CHAPTER 2.5.  SOCIAL MEDIA PRIVACY


   99120.  As used in this chapter, "social media" means an
electronic medium where users may create, share, and view
user-generated content, including uploading or downloading videos or
still photographs, blogs, video blogs, podcasts, instant messages,
 e-mail, online services or accounts,  or Internet Web site
profiles or locations.
   99121.   A   (a)    Except
as provided for in subdivision (b), a  public or private
postsecondary educational institution shall not require, or formally
request in writing, a student or prospective student to disclose the
user name  or   and  account password for a
personal social media account or to otherwise provide the
institution with access to any content of that account. 
   (b) (1) A public or private postsecondary educational institution
may request, but not require, a student to provide the institution
with access to a personal social media account to aid in a formal
investigation conducted by the institution regarding specific
allegations of harassment, discrimination, intimidation, or potential
violence.  
   (2) A public or private postsecondary educational institution
shall not suspend, expel, discipline, threaten to take any of those
actions, or otherwise penalize a student in any way for refusing to
disclose the requested information related to their personal social
media account. 
  SEC. 3.  Chapter 2.5 (commencing with Section 980) is added to Part
3 of Division 2 of the Labor Code, to read:
      CHAPTER 2.5.  SOCIAL MEDIA PRIVACY


   980.  As used in this chapter, "social media" means an electronic
medium where users may create, share, and view user-generated
content, including uploading or downloading videos or still
photographs, blogs, video blogs, podcasts, instant messages, 
e-mail, online services or accounts,  or Internet Web site
profiles or locations.
   981.   An   (a)     Except
as provided for in subdivision (b), an  employer, whether public
or private, shall not require, or formally request in writing, an
employee or prospective employee to disclose the user name 
or   and  account password for a personal social
media account or to otherwise provide the employer with access to any
content of that account. 
   (b) (1) An employer, whether public or private, may request, but
not require, an employee to provide the employer with access to a
personal social media account to aid in a formal investigation
conducted by the institution regarding specific allegations of
harassment, discrimination, intimidation, or potential violence.
 
   (2) An employer, whether public or private, shall not discharge,
discipline, threaten to discharge or discipline, or otherwise
penalize an employee in any way for refusing to disclose the
requested information related to their personal social media account.