By: Law Offices of Peter J. Lamont
We have been following the rapidly developing area of laws concerning an employer's ability to request social media login information from current and perspective employees. Originally, only two states had enacted legislation prohibiting the practice. However, as we predicted, other states are jumping on the right to social media privacy bandwagon.
At present, six states have now officially made it illegal for employers to ask their workers for passwords to their social media accounts. California is the latest state to enact legislation similar to the type enacted by Illinois, Michigan, New Jersey, Maryland, and Delaware.
The laws are designed to prohibit employers from requiring an employee or job applicant to provide their username and password for social media accounts, such as Facebook, Twitter, or Instagram. Assembly member Nora Campos, who authored the California bill, called the law a "preemptive measure" that will offer guidelines to the accessibility of private information behind what she calls the "social media wall."
While these six states now ban employer snooping on private information, all public information posted on social media accounts is still fair game.