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New Legislation Affecting Illinois Employers And Reporting of Electronically Transmitted Child Pornography

Written by: Allison Grace

Article Overview: The State of Illinois recently amended the Abused and Neglected Child Reporting Act and now requires that technology workers and their employers report child pornography discovered on information technology equipment to the appropriate authorities.

New Legislation Affecting Illinois Employers And Reporting of Electronically Transmitted Child Pornography

Any depiction of child pornography that is discovered by an electronic or information technology equipment worker while installing, repairing, or otherwise servicing “electronic or information technology equipment”, must be immediately reported by the worker or the worker’s employer to the local law enforcement agency or to the National Center for Missing & Exploited Children.

“Electronic and information technology equipment” is defined as equipment used in the creation, manipulation, storage, display, or transmission of data. Included are internet and intranet systems, software applications, operating systems, telecommunications products, kiosks, copiers, printers, desktop and portable computers.

Fines of $1,000 may be imposed on businesses for failure to report a discovery of child pornography as outlined. Workers or employers who make a report in accordance with this amendment are immune from any criminal, civil or administrative liability in connection with making the report, unless “willful or wanton misconduct” can be shown.

To comply with this amendment, employers should establish procedures for the immediate reporting of child pornography that is found on electronic and information technology equipment. A company representative should be designated to be notified in the event of this discovery and to, in turn, notify the appropriate authorities.

Employers should notify electronic and information technology workers about the new requirement and ensure they are aware of the procedures for reporting the discovery to the designated person. They should also be made aware that they will be subject to disciplinary action for failing to report the discovery. All other employees in the company, as well as external vendors or consultants who may work on the company’s equipment, should be made aware of the same procedures.

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Article Tags: administrative liability, center for missing exploited children, child pornography, company representative, copiers, depiction, disciplinary action, discovery, external vendors, information technology equipment, information technology workers, intranet systems, law enforcement agency, manipulation, missing exploited children, national center for missing exploited children, portable computers, software applications, systems software, telecommunications products



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