LOORBOOK MEMO                                     HOUSE COMMITTEE ON THE JUDICIARY

Com. Sub. For H.B. 2966                                                                Prepared by: Brandon Hatfield

Phone: 3345

Email: brandon.hatfield@wvhouse.gov

(January 30, 2014)

SPONSORS: Delegates Skinner, Lawrence, Barrett, Young, Sponaugle, Lynch, Tomblin, Eldridge, Poore and Caputo.

SHORT TITLE: Relating to employment and privacy protection.

DATE INTRODUCED: January 16, 2014

CODE SECTIONS AFFECTED: W.Va. Code §21-5G-1, §21-5G-2, and §21-5G-3.

CHAIRMAN’S SUMMARY: The bill creates the Internet Privacy Protection Act. It prohibits employers from requesting or requiring an employee or job applicant to disclose a user name, password or other means for accessing their personal account or service. Bill also protects an employers right to secure his or her computer systems and data as well his or her right to investigate to ensure compliance with applicable laws and regulations.

EXISTING LAW: West Virginia law does not currently prohibit an employer from requesting or requiring an employee or prospective employee to disclose a user name or password to a personal account or service.

            Generally speaking an employer has an absolute right to discharge an at will employee, so long as the employer's motivation for the discharge is not to contravene some substantial public policy principle. discharge. Harless v. First Nat. Bank in Fairmont, 162 W.Va. 116, 246 S.E.2d 270 (1978).

FULL ANALYSIS:

            A. EXISTING LAW: West Virginia law does not currently prohibit an employer from requesting or requiring an employee or prospective employee to disclose a user name or password to a personal account or service.

            Generally speaking an employer has an absolute right to discharge an at will employee, so long as the employer's motivation for the discharge is not to contravene some substantial public policy principle. discharge. Harless v. First Nat. Bank in Fairmont, 162 W.Va. 116, 246 S.E.2d 270 (1978).

            B. THIS BILL: The bill creates the “Internet Privacy Protection Act” (hereinafter referred to as “the Act”) that prohibits employers from requesting or requiring an employee or job applicant to disclose a user name, password, or other means for accessing their personal account or service.

            The Act prohibits employees from downloading unauthorized employer proprietary information or financial data to an employee’s personal Web site, an Internet Web site, a Web-based account or a similar account.

            The Act does not prevent an employer, based on the receipt of information about unauthorized downloading of an employer’s proprietary information or financial data to a personal Web site, Internet Web site, Web-based account or similar account by an employee, from investigating an employee’s actions.

            The Act also contains a list of actions this section does not prevent an employer from taking as well as duties not created under this section.

FISCAL ANALYSIS: No Fiscal Impact.

CONSTITUTIONAL ISSUES: None.

GOVERNMENT AGENCIES AFFECTED: None.

RULE MAKING AUTHORITY: None.

COMMITTEE REFERENCE: Judiciary

TITLE ANALYSIS: The title to the bill as introduced appears to meet constitutional mandates.

DRAFTING ISSUES OR OTHER COMMENTS:

EFFECTIVE DATE: 90 Days from passage.