Illinois Prohibits Employers from Seeking Facebook Passwords
1 min read
Aug 1, 2012
On August 1, 2012, Illinois Governor Pat Quinn signed into law a provision that amends the Illinois Right to Privacy in the Workplace Act to make it illegal for employers to ask employees or applicants for passwords or other account information related to their social networking accounts. The law also prohibits employers from demanding access to such accounts in any other manner.
Despite these prohibitions on requesting protected information, employers are free to obtain information about an employee or applicant that is in the public domain. The new law also does not restrict employers from having policies regulating the use of the employer’s electronic equipment, or monitoring the usage of an employer’s electronic equipment or e-mail.
Several other states are considering similar laws, including Washington, Delaware, Maryland and New Jersey.
Employers are cautioned to be mindful of existing state and federal laws pertaining to background checks on applicants and employees, and to ensure that those extracting information from the public domain on applicants or employees are doing so consistently and pursuant to an established policy.
Topics
Featured Insights

Insights for Employers Alert
Jun 9, 2026
A Win for Employers: Federal District Court Finds $100,000 H-1B Visa Petition Fee is Unlawful

Press Release
Jun 9, 2026
Calvin Edwards Honored With 2026 Rising Star Award by the Black Men Lawyers’ Association

Webinar
Jun 9, 2026
John DeLascio Speaks on How Social Inflation is Reshaping Insurance Risk

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jun 8, 2026
Court Distinguishes Between Clickwrap and Browsewrap Arbitration Agreements

Webinar
Jun 8, 2026
Aimee Delaney and Jason Oliveri Speak on Workplace Generative AI Usage

Insights for Insurers Alert
Jun 8, 2026
New York’s Sweeping Motor Vehicle Tort Law Reforms: More Than Meets the Eye

Privacy, Cyber & AI Decoded Alert
Jun 5, 2026
AI Governance Expectations on the Rise for Insurers Amid New Regulatory Activity

Press Release
Jun 4, 2026
Hinshaw Recognized Nationally in 2026 Chambers USA Directory




