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Online Privacy Legislation Heads to Gov. Malloy's Desk

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The view from the floor in the House chamber at the Connecticut State Capitol.

The state legislature has approved a bill aiming to protect the online privacy of employees and job applicants, but state analysts expect the law to impact fewer than ten people per year.

Speaking on the floor of the House, State Representative Peter Terziak explained how the bill works.

"The bill prohibits employers from requesting or requiring an employee or a job applicant to provide the employer with the user name, password, or other access to the employee's or applicant's personal online accounts, like Yahoo, or whatever," Terziak said.

The bill passed out of both the Senate and the House. It would become law if signed by Governor Dannel Malloy and impose fines between $25 and $1,000 for violations.

A state report anticipates fewer than ten violations annually, which has raised some concerns with the bill. "It's just another layer of regulation that H.R. departments and employers are going to need to be concerned about," said Dan Schwartz, a lawyer who writes about the legislation at the Connecticut Employment Law Blog.

"There may be a case you might hear about from time to time, but it doesn't seem like it is any widespread problem that requires a legislative solution," Schwartz said. "The problem with the law is that it impacts all employers in the state. No matter how big or how small. And, for small employers that may get subject to a claim, they're going to have to spend a lot of time and money to defend themselves."

In 2010, the National Labor Relations board filed a compliant against an ambulance company in Connecticut, saying it illegally fired an employee after she criticized her employer on Facebook. That case was settled and resulted in the ambulance company revising its social media policy.

A spokesperson for the governor said that Malloy and his staff will review the bill's language when it's transferred to his office. 

Patrick Skahill is a reporter and digital editor at Connecticut Public. Prior to becoming a reporter, he was the founding producer of Connecticut Public Radio's The Colin McEnroe Show, which began in 2009. Patrick's reporting has appeared on NPR's Morning Edition, Here & Now, and All Things Considered. He has also reported for the Marketplace Morning Report. He can be reached at pskahill@ctpublic.org.

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