LRB-2818/1
GMM:mfd:jf
1997 - 1998 LEGISLATURE
May 22, 1997 - Introduced by Representatives Schneider, Williams, Lorge, Plale,
Hasenohrl, Boyle, Robson and Murat. Referred to Committee on Labor and
Employment.
AB369,1,2
1An Act to amend 103.20; and
to create 103.135 of the statutes;
relating to:
2employer monitoring of employe use of computer networks.
Analysis by the Legislative Reference Bureau
Current law grants to an employe certain rights to privacy in relation to his or
her employer. Specifically, current law requires an employer to permit an employe
to inspect and request correction of the employe's personnel records. Also, under
current law, an employer may not require an employe to take a test for the presence
of the human immunodeficiency virus (HIV), unless there is a significant risk of
transmitting HIV through employment. In addition, under current law, an employer
may not discriminate against an employe based on the employe's use or nonuse of
lawful products off the employer's premises during nonworking hours.
This bill prohibits an employer, including the state, from monitoring an
employe's use of a computer network, such as the Internet, to send, receive, gain
access to, take possession of or copy any message or data.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB369, s. 1
3Section
1. 103.135 of the statutes is created to read:
AB369,2,2
1103.135 Monitoring of computer network use. (1) Definitions. In this
2section:
AB369,2,33
(a) "Computer network" has the meaning given in s. 943.70 (1) (b).
AB369,2,44
(b) "Data" has the meaning given in s. 943.70 (1) (f).
AB369,2,55
(c) "Message" has the meaning given in s. 942.0125 (1).
AB369,2,8
6(2) Monitoring of computer network use prohibited. No employer may
7monitor an employe's use of a computer network to send, receive, gain access to, take
8possession of or copy any message or data.
AB369, s. 2
9Section
2. 103.20 of the statutes is amended to read:
AB369,2,12
10103.20 Penalty. Any person who
shall violate ss. violates s. 103.135 (2), 103.15
11(2) or (3), 103.17, 103.18
and or 103.19
shall, upon conviction, may be fined
in a sum
12not exceeding $100.
