Illinois Right of Privacy in the Workplace Act

The U.S. filed a lawsuit on September 24 against the State of Illinois, seeking to invalidate Illinois Public Act 095-0138, The Right to Privacy in the Workplace Act.

The Illinois law, which will be effective on January 1st, 2008, prohibits employers to enrol in an Employment Eligibility Verification System, i.e. , a database allowing them to check the immigration status of new hires, as they are authorized to do so by federal law, 8 U.S.C. 1324(a). Such verification system includes E-Verify, an online database system operated by the Department of Homeland Security.

Illinois legislators were concerned that the systems currently available to employers are not accurate enough. The law would remain in effect until the Social Security Administration (SSA) and Department of Homeland Security (DHS) databases can determine that their databases are 99% accurate.

The law also requires that employers must safeguard the information provided by the workers, by using passwords and "other privacy protections", to prevent its use by unauthorized person, and to protect their confidentiality. This law may thus prevent, incidentally, the use of such information by unscrupulous employees, allowing them to steal the identities of the candidates. Once again, it shows that all compagnies have a responsability in establishing, and enforcing, clear privacy procedures. Whether it should be a legal obligation, or only a choice, is a question that is still open. As an European, I favor the legal solution, and approve the Illinois legislature. However, the law does not make any provisions for fining the companies that would not put such a policy in place.