Employer Access to Social Media Usernames and Passwords 2013

Increasing numbers of Americans use social media both on and off the job. Recently, some employers have asked employees to turn over their usernames or passwords for their personal accounts. Some employers argue that access to personal accounts is needed to protect proprietary information or trade secrets, to comply with federal financial regulations, or to prevent the employer from being exposed to legal liabilities. But others consider requiring access to personal accounts an invasion of employee privacy.

State lawmakers introduced legislation beginning in 2012 to prevent employers from requesting passwords to personal Internet accounts to get or keep a job. Some states have similar legislation to protect students in public colleges and universities from having to grant access to their social networking accounts.

2013 Legislation

As of June 13, 2013

Legislation has been introduced or is pending in at least 36 states. Seven states--Arkansas, Colorado, New Mexico, Oregon, Utah, Vermont and Washington--have enacted legislation so far in 2013. (See also 2012 legislation.)

Arizona
S.B. 1411
Status: Feb. 20, 2013; From Senate Committee on Commerce and Energy. Do pass with amendment.
Relates to social media passwords; relates to prohibition.

Arkansas
H.B. 1901
Status: April 22, 2013; Signed by Governor. Act 1480
Prohibits an employer from requiring or requesting a current or prospective employee from disclosing his or her username or password for a social media account.

H.B. 1902
Status: April 8, 2013;  Signed by Governor. Act 998 
Prohibits an institution of higher education from requiring or requesting a current or prospective employee or student from disclosing his or her username or password for a social media account.

California
A.B. 25
Status: May 1, 2013; In Assembly. Read second time and amended. Re-referred to Committee on Appropriations.
Existing law prohibits a private employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media. Existing law prohibits a private employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand that violates these provisions. This bill would apply the provisions described above to public employers. The bill would state that its provisions address a matter of statewide interest and apply to public employers generally, including charter cities and counties.

Colorado
H.B. 1046
Status: May 11, 2013; Signed by Governor.
Concerns employer access to personal information through electronic communication devices.

Connecticut
H.B. 5690
Status: March 19, 2013; Failed.  
Prohibits employers from requesting access to their employees' personal social media accounts; protects employee privacy by barring employers or potential employers from requiring employees to provide passwords to their personal accounts as a condition of employment.

S.B. 159
Status: May 15, 2013; House Calendar No. 565.
Concerns employee privacy; protects employee privacy by barring employers or potential employers from requiring employees to provide passwords to their personal accounts as a condition of employment.

Georgia
H.B. 117
Status: Jan. 30, 2013; In House. Read second time.
Prohibits employers from requesting username, password, or other means of accessing an account or service for the purpose of accessing personal social media through an electronic communications device of employees or prospective employees with certain exceptions, provides for penalties, provides for related matters, repeals conflicting laws.

H.B. 149
Status: Feb. 1, 2013; In House. Read 2nd time.
Prohibits employers from requesting or requiring that an employee or applicant for employment disclose a username or password for the purpose of accessing personal social media, prohibits employers from requesting or requiring that an employee or applicant access personal social media in the presence of the employer, prohibits an employer from taking adverse action against an employee or applicant for employment for not complying with such a request or demand, provides for definitions.

Hawaii
H.B. 713
Status:April 11, 2013; Failed first crossover deadline.
Prohibits employers from requiring employees and applicants for employment from disclosing social media usernames or passwords.

H.B. 1023
Status: March 7, 2013; Failed first crossover deadline.
Prohibits educational institutions and employers from requesting a student, prospective student employee, or prospective employee to grant access to, allow observation of, or disclose information that allows access to or observation of personal internet accounts; provides penalties.

H.B. 1104
Status: March 7, 2013; Failed first crossover deadline.
Prohibits educational institutions and employers from requesting a student, prospective student employee, or prospective employee to grant access to, allow observation of, or disclose information that allows access to or observation of personal internet accounts; provides penalties.

S.B. 207
Status: March 7, 2013; Failed first crossover deadline.
Prohibits employers from requiring employees and applicants for employment from disclosing social media usernames or passwords.
 
Illinois
H.B. 64
Status: May 9, 2013; Passed both Houses.
Creates the Privacy in the School Setting Act. Defines "school" as an institution of higher learning as defined in the Higher Education Student Assistance Act, a public elementary or secondary school or school district, or a nonpublic school recognized by the State Board of Education. Provides that it is unlawful for a school to request or require a student or prospective student or his or her parent or guardian to provide a password or other related account information in order to gain access to the student's or prospective student's account or profile on a social networking website or to demand access in any manner to a student's or prospective student's account or profile on a social networking website.

H.B. 851
Status: April 19, 2013; Referred to House Committee on Rules.
Amends the Right to Privacy in the Workplace Act; makes a technical change in a Section concerning prohibited inquiries.

H.B. 1047
Status: May 1, 2013; In Senate Committee on Executive.
Amends provisions of the Right to Privacy in the Workplace Act prohibiting certain inquiries by an employer; deletes language in those provisions regarding an employee's social networking website account information; provides that: an employer may not request or require an employee or prospective employee to provide a user name, password, or other means to gain access to the employee's or prospective employee's personal online account.

S.B. 2306
Status: May 21, 2013; Passed both Houses
Amends the Right to Privacy in the Workplace Act; provides that the restriction on an employer's request for information concerning an employee's social networking profile or website applies to only the employee's personal account; defines terms; provides that employers are not prohibited from complying with the rules of self-regulatory organizations.

Iowa
H.F. 127
Status: Feb. 4, 2013; To House Committee on Education
Prohibits employers and schools from seeking access to certain online personal employee and student information and providing penalties.

H.F. 272
Status: Feb. 27, 2013; In House Committee on Labor.
Prohibits an employer from requesting or requiring that an employee or applicant for employment disclose the employee's or applicant's user name, password, or other means for accessing a personal account or service through an electronic communications device; prohibits an employer from discharging, disciplining, or otherwise penalizing or threatening to discharge, discipline, or otherwise penalize an employee for an employee's refusal to disclose the employee's user name, password, or other.

Kansas
H.B. 2092
Status: Jan. 25, 2013; To House Committee on Commerce, Labor and Economic Development 
Relates to prohibiting employers from requiring employees to divulge social media content.

H.B. 2094
Status: March 20, 2013; To Senate Committee on Education.
Relates to student electronic privacy at public and private postsecondary educational institutions.

S.B. 53
Status: Jan. 22, 2013; To Senate Committee on Commerce.
Prohibits employers from requiring employees to divulge social media content.

Louisiana
H.B. 314
Status: May 1, 2013; To Senate Committee on Commerce, Consumer Protection and International Affairs.
Creates the Social Media Privacy Protection Act.

Maine
H.B. 838
Status: March 26, 2013; Senate refers to Joint Committee on Judiciary in Concurrence.
Prohibits an employer or educational institution, whether public or private, from requiring or requesting an employee or a student, or a prospective employee or student, to disclose the username or account password for a personal social media account or e-mail account or to otherwise provide the employer or institution with access to those accounts.
Protects social media privacy in school and the workplace.

L.R. 1011
Status: Jan. 28, 2013; Filed
Protects employee social media privacy.

Maryland
H.B. 1332
Status: Feb. 8, 2013; To House Committee on Appropriations.
Relates to educational institutions; relates to personal electronic account; relates to privacy protections.

S.B. 838
Status: March 21, 2013; To House Committee on Appropriations.
Prohibits an educational institution from requiring, requesting, suggesting, or causing a student, an applicant, or a prospective student to grant access to, allow observation of, or disclose information that allows access to or observation of the individual's personal electronic account; prohibits an educational institution from compelling, as a condition of acceptance or participation in specified activities, an individual to add specified individuals to a list of contacts or to change privacy settings.

Massachusetts
H.B. 1707
Status: Feb. 18, 2013; To Joint Committee on Labor and Workforce Development.
Relates to social network privacy and employment.

S.B. 852
Status: Feb. 15, 2013; Filed.
Relates to employees social media privacy protection.

S.B. 872
Status: Feb. 15, 2013; Filed.
Relates to fair hiring practices.

Minnesota
H.F. 293
Status: Feb. 4, 2013; To House Committee on Labor, Workplace and Regulated Industries
Relates to employment; prohibits employers from requiring social network passwords as a condition of employment.

H.F. 611
Status: Feb. 14, 2013; To House Committee on Labor, Workplace and Regulated Industries
Relates to employment; prohibits prohibiting employers from requiring social network passwords as a condition of employment.

H.F. 1077
Status: March 4, 2013; To House Committee on Education Policy
Relates to education; postsecondary; establishes the Education Internet Privacy Protection Act; provides penalties.

S.F. 484
Status: Feb. 14, 2013; To Senate Committee on Jobs, Agriculture and Rural Development.  
Relates to employment; prohibits employers from requiring social network passwords as a condition of employment.

S.F. 596
Status: Feb. 21, 2013; To Senate Committee on Jobs, Agriculture and Rural Development.
Relates to employment; prohibits employers from requiring social network passwords as a condition of employment.

Mississippi
H.B. 165
Status: Feb. 5, 2013; Died in Committee.
Prohibits employers from obtaining passwords or other account information to gain access to social networking sites of employees and prospective employees; provides penalties for violations.

Missouri
H.B. 115
Status: May 17, 2013; To House Committee on Workforce Development and Workforce Safety.
Prevents repercussions on employees or prospective employees for failure to disclose private information to the employer.

H.B. 286
Status: May 17, 2013; To House Committee on Workforce Development and Workforce Safety.
Prohibits employers from asking current or prospective employees to provide certain information to gain access to a social networking website where such employees maintain an account or profile.
 
H.B. 706
Status: May 17, 2013; To House Committee on Workforce Development and Workforce Safety.
Protects employees from being required to disclose personal user names or passwords.

H.B. 1020
Status: May 17, 2013; To House Committee on Workforce Development and Workforce Safety.
Prohibits employers from asking current or prospective employees to provide specified information to gain access to a social networking website where such employees maintain an account or profile.

S.B. 164
Status: May 17, 2013; To House Committee on General Laws.
Protects employees from being required to disclose personal user names or passwords.

Montana
S.B. 195
Status: March 18, 2013; Tabled.
Revises laws protecting job applicant and employee privacy related to social media; relates to labor and employment; relates to privacy.

Nebraska
L.B. 58
Status: Jan. 14, 2013; To Legislative Committee on Business and Labor.
Adopts the Workplace Privacy Act.

Nevada
A.B. 181
Status: May 30, 2013; To Conference Committee.
Makes various changes to provisions governing employment practices.

New Hampshire
H.B. 379
Status: March 13, 2013; Failed to pass House.
Prohibits an employer from requiring a prospective employee to disclose his or her social media passwords.
 
H.B. 414
Status: May 10, 2013; From Senate Committee on Commerce: Ought to pass with amendment.
Prohibits an employer from requiring an employee or prospective employee to disclose his or her social media passwords.

New Jersey
A.B. 2878
Status: May 20, 2013; Conditional Veto Rec'd Assembly, 1st Reading/Governor Recommendations. In Senate. Read second time on concurrence in Governor's recommendation.
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers.

S.B. 1898
Status: Sept. 20, 2012. From Senate Committee on Labor as combined. For further action see S.B. 1915.
Prohibits requirement to provide information for access to account on social networking website by employer.

S.B. 1915
Status: Oct. 25, 2012; Substituted by A2878.
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers.

New Mexico
S.B. 371
Status: April 5, 2013; Signed by Governor. Chapter 222
Relates to employment; prohibits prospective employers from requesting or requiring a prospective employee to provide a password or access to the prospective employee's social networking account.

S.B. 422
Status: April 5, 2013; Signed by Governor. Chapter 223
Relates to education; prohibits public and private institutions of post-secondary education from requesting or requiring a student, applicant or potential applicant for admission to provide a password or access to the social networking account of the student or applicant for admission.

New York
A.B. 443
Status: March 19, 2013; Amended in Assembly Committee on Codes.
Prohibits an employer from requesting that an employee or applicant disclose any means for accessing an electronic personal account or service.

S.B. 1701
Status: Jan. 9, 2013; To Senate Committee on Labor.
Protects the privacy of employees' and prospective employees' social media accounts.

S.B. 2434
Status: March 19, 2013; Amended in Senate Committee on Labor.
Prohibits an employer from requesting or requiring that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices.

North Carolina
H.B. 846
Status: May 20, 2013; In Senate Committee on Rules and Operations of the Senate. 
Enacts the Job and Education Privacy Act to prevent employers and colleges from requiring individuals to disclose access information for social media and personal electronic mail accounts.
 
North Dakota
H.B. 1455
Status: April 9, 2013; Failed to pass Senate.
Relates to internet accounts and workplace privacy of social media accounts.

Ohio
S.B. 45
Status: Feb. 20, 2013; To Senate Committee on Commerce and Labor
Prohibits employers, employment agencies, personnel placement services, and labor organizations from requiring an applicant or employee to provide access to private electronic accounts of the applicant or employee.

Oregon
H.B. 2654
Status: May 22, 2013;  Signed by Governor. Chapter 204
Prohibits employer from compelling employee or applicant for employment to provide access to personal social media account or to add employer to social media contact list; prohibits retaliation by employer against employee or applicant for refusal to provide access to accounts or to add employer to contact list; prohibits certain educational institutions from compelling student or prospective student to provide access to personal social media account.
 
S.B. 344
Status: June 13, 2013; Signed Governor.
Establishes unlawful employment practice for certain actions taken by employer to access employee's or prospective employee's personal account on social networking website for employment purposes; declares emergency, effective on passage.

S.B. 499
Status: Feb. 14, 2013; To Senate Committee on General Government, Consumer and Small Business Protection.
Prohibits an employer from compelling an employee or applicant for employment to provide access to personal social media account or to add employer to social media contact list; prohibits retaliation by employer against employee or applicant for refusal to provide access to accounts or to add employer to contact list; prohibits certain educational institutions from compelling student to provide access to personal social media account; relates to coaches, teachers, administrators and other employees.

Pennsylvania
H.B. 1130
Status: April 16, 2013; in House. Laid on table.
Provides for social media protection in employment and relating to certain educational institutions; establishes a cause of action; prescribes penalties.

Rhode Island
H.B. 5255
Status: May 28, 2013; From House Committee on Judiciary. Recommended passage.
Establishes a social media privacy policy for students and employees.

S.B. 493
Status: April 9, 2013; In committee; committee heard.
Would establish a social media privacy policy for students and employees. This act would take effect upon passage.

Texas
H.B. 318
Status: May 7, 2013; To Senate Committee on Business and Commerce.
Relates to prohibiting an employer from requiring or requesting access to the personal accounts of employees and job applicants through electronic communication devices; establishes an unlawful employment practice.

H.B. 451
Status: Feb. 11, 2013; To House Committee on Higher Education.
Relates to restrictions on access to certain personal online accounts through electronic communication devices by employers or public or private institutions of higher education. Establishes an unlawful employment practice.

S.B. 118
Status: Jan. 29, 2013; To Senate Committee on Business and Commerce.
Prohibits an employer from requiring or requesting access to the personal accounts of employees and job applicants through electronic communication devices; establishing an unlawful employment practice.

S.B. 416
Status: Status: Feb. 13, 2013; To Senate Committee on Business and Commerce.
Relates to restrictions on access to certain personal online accounts through electronic communication devices by employers or public or private institutions of higher education; establishes an unlawful employment practice.

Utah
H.B. 100
Status: March 26, 2013; Signed by Governor. 
Modifies provisions addressing labor in general and higher education to enact protections for personal Internet accounts; enacts the Internet Employment Privacy Act, including defining terms, permitting or prohibiting certain actions by an employer; provides that the chapter does not create certain duties; provides private right of action; enacts the Internet Postsecondary Education Privacy Act.

Vermont
S.B. 7
Status: May 24, 2013; Signed by Governor. 
Relates to social networking privacy protection.

Washington
S.B. 5211
Status: May 21, 2013; Signed by Governor. 
Relates to employment practice; requires an employer cannot require any employee or prospective employee to submit any password or other related account information in order to gain access to the individual's personal social networking website account or profile.

West Virginia
H.B. 2966
Status: April 2, 2013; Passed House. To Senate Committee on Judiciary.
Relates to employment and privacy protection.

Wisconsin
A.B. 218
Status: May 24, 2013; Introduced. To Assembly Committee on Government Operations and State Licensing.
Relates to employer access to, and observation of, the personal Internet accounts of employees and applicants for employment; relates to educational institution access to, and observation of, the personal Internet accounts of students and prospective students; relates to landlord access to, and observation of, the personal Internet accounts of tenants and prospective tenants; provides a penalty.