Senator Richard Blumenthal (D-Conn.) stated, “Employers seeking access to passwords or
confidential information on social networks, e-mail accounts, or other
protected Internet services is an unreasonable and intolerable invasion of
privacy. With few exceptions, employers do not have the need or the right to
demand access to applicants' private, password-protected information."
Beyond the
privacy issue, let’s look at the potential ability to discriminate against
candidates. In a statement by Rep.
Martin Heinrich (D-N.M.), “Personal information like race, religion, age, and sexual orientation is
often accessible on social networking profiles, and by having access to this
information employers could discriminate against an applicant who would
otherwise be qualified for a job. In an ever expanding world of technology, we
need to have clear laws on the books to protect Americans' right to privacy.”
Under the bill, the employer can’t force an employee to disclose a
password even if the employee is using his/her work computer for access. The PPA reflects the approach (and building
on the existing law) of the Computer
Fraud and Abuse Act, the federal government’s primary anti-hacking
tool. This Act protects the integrity of
internet systems against hackers, including protecting online email accounts
and Facebook accounts against the stealing of passwords. (The online servers where private user
information is stored are referred to as “protected computers” in the
legislation.)
For the employer, it will protect their system. It preserves the right of the employer to
control access to their hardware, as well as Internet software. The employer can set policies for
employer-operated computer systems and hold workers accountable for stealing
data.
The PPA does not limit its protection to a particular type of service. It is “technology-neutral.” This will allow the bill to remain flexible
and not be supplanted in a few years by new technology and allow the PPA to
continually evolve. It is designed to
adapt to new Internet innovations.
A summary of the Password Protection Act can be found on
Senator Richard Blumenthal’s’ website.
The link is provided here: www.blumenthal.senate.gov/newsroom/press/release/senators-and-congressmen-introduce-password-protection-act-of-2012
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