Senate Bill 2250

AN ACT TO PROHIBIT AN EMPLOYER FROM REQUESTING OR REQUIRING THAT AN EMPLOYEE OR APPLICANT DISCLOSE ANY USER NAME, PASSWORD OR OTHER MEANS ACCESSING A PERSONAL ACCOUNT OR SERVICE THROUGH CERTAIN ELECTRONIC COMMUNICATIONS DEVICES; TO PROHIBIT AN EMPLOYER FROM TAKING, OR THREATENING TO TAKE, CERTAIN DISCIPLINARY ACTIONS FOR AN EMPLOYEE'S REFUSAL TO DISCLOSE CERTAIN PASSWORD AND RELATED INFORMATION; TO PROHIBIT AN EMPLOYER FROM FAILING OR REFUSING TO HIRE AN APPLICANT AS A RESULT OF THE APPLICANT'S REFUSAL TO DISCLOSE CERTAIN PASSWORD AND RELATED INFORMATION; TO PROHIBIT AN EMPLOYEE FROM DOWNLOADING CERTAIN UNAUTHORIZED INFORMATION OR DATA TO CERTAIN WEBSITES OF WEB-BASED ACCOUNTS; TO PROVIDE THAT AN EMPLOYER, BASED ON THE RECEIPT OF CERTAIN INFORMATION REGARDING THE USE OF CERTAIN WEBSITES OR CERTAIN WEB-BASED ACCOUNTS, IS NOT PREVENTED FROM CONDUCTING CERTAIN INVESTIGATIONS FOR CERTAIN PURPOSES; TO DEFINE CERTAIN TERMS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) In this section the following words have the meanings indicated:

(a) "Applicant" means an applicant for employment.

(b) "Electronic Communications device" means any device that uses electronic signals to create, transmit and receive information and includes computers, telephones, personal digital assistants and other similar devices.

(b) "Employer" means a person engaged in a business, industry, profession, trade or other enterprise, or a unit of state or local government, and includes an agent, representative or designee of the employer.

(2) (a) Except as provided in paragraph (b) of this subsection (2), an employer may not request or require that an employee or applicant disclose any user name, password or other means for accessing a personal account of service through an electronic communications device.

(b) An employer may require an employee to disclose any user name, password or other means for accessing nonpersonal accounts or services that provide access to the employer's internal computer or information systems or that the employee uses to access a website, Internet website, web-based account, or a similar account within the scope of his duties in the normal course of his employment.

(3) An employer may not:

(a) Discharge, discipline or otherwise penalize or threaten to discharge, discipline or otherwise penalize an employee for an employee's refusal to disclose any information specified in subsection (2)(a) of this section; or

(b) Fail or refuse to hire any applicant as a result of the applicant's refusal to disclose any information specified in subsection (2)(a) of this section.

(4) An employee may not download unauthorized employer proprietary information or financial data to an employee's personal website, Internet website, web-based account, or a similar account.

(5) This section does not prevent an employer:

(a) Based on the receipt of certain information regarding the use of a personal website, Internet website, web-based account or similar account by an employee for business purposes from conducting an investigation for the purpose of ensuring compliance with applicable securities or financial law or regulatory requirements; or

(b) Based on the receipt of certain information regarding the unauthorized downloading of an employer's proprietary information or financial data to a personal website, Internet website, web-based account, or similar account by an employee, from investigating the employee's actions.

SECTION 2. This act shall take effect and be in force from and after July 1, 2014.