For purposes of the Workplace Privacy Act: (1) Adverse action means the discharge of an employee, a threat against an employee, or any other act against an employee that negatively affects the employee’s employment; (2) Applicant means a prospective employee applying for employment; (3) Electronic communication device means a cellular telephone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device; (4) Employee means an individual employed by an employer; (5) Employer means a public or nonpublic entity or an individual engaged in a business, an industry, a profession, a trade, or other enterprise in the state, including any agent, representative, or designee acting directly or indirectly in the interest of such an employer; and (6)(a) Personal Internet account means an individual’s online account that requires login information in order to access or control the account. (b) Personal Internet account does not include: (i) An online account that an employer or educational institution supplies or pays for, except when the employer or educational institution pays only for additional features or enhancements to the online account; or (ii) An online account that is used exclusively for a business purpose of the employer.
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