Employer Access to Social Media Usernames and Passwords

Picture of Social Media IconsIncreasing numbers of Americans use social media both on and off the job. Reports of employers asking employees to turn over their usernames or passwords for their personal accounts prompted concerns among some lawmakers.

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. Similar legislation would protect students in public colleges and universities from having to grant access to their social networking accounts.

 

2014 Legislation

Dec. 31, 2014

Year-end summary: Legislation was introduced or considered in at least 28 states in 2014. Louisiana, Maine (authorizes study), New Hampshire, Oklahoma, Rhode Island, Tennessee and Wisconsin enacted laws in 2014.

California
A.B. 25
Status: Aug. 22 2014; In Senate. Read second time. To third reading.
Allows law enforcement agencies to access social media of a new hire applicant or lateral transfer applicant, once during the background check for a position as a sworn office under certain requirements. Provide any information shall only be used for screening purposes and shall not be used as a basis for any action against a new hire or 3rd party. Provides for civil penalties for violations regarding the used of social medial information in hiring lateral transfer applicants.

A.B. 2070
Status: April 29, 2014; In Assembly Committee on Higher Education: Not heard.
Prohibits a court from requiring or requesting a juror or prospective juror to disclose a username or password for the purpose of accessing personal social media or requiring the juror or prospective juror to access personal social media in the presence of the judge, counsel for either party, or any other officer of the court.

Connecticut
S.B. 317
Status: April 25, 2014; Filed with Legislative Commissioner's Office. Failed-Adjourned.
Concerns employee privacy; protects employee privacy by barring employers or potential employers from requesting or requiring employees or potential employees to provide passwords or user Names to their personal online accounts as a condition of employment

Florida
H.B. 527
Status: May 2, 2014; In House. Died in Committee. Failed.
Relates to social media privacy; prohibits employer from requesting or requiring access to social media account of employee or prospective employee; prohibits employer from taking retaliatory personnel action for employee's failure to provide access to his or her social media account; prohibits employer from failing or refusing to hire prospective employee who does not provide access to his or her social media account; authorizes civil actions for violations.

S.B. 198
Status: May 2, 2014; In House. Died in Committee. Failed.
Relates to social media privacy; prohibits an employer from requesting or requiring access to a social media account of an employee or prospective employee; prohibits an employer from taking retaliatory personnel action for an employee's failure to provide access to his or her social media account; prohibits an employer from failing or refusing to hire a prospective employee who does not provide access to his or her social media account.

Georgia
H.B. 117
Status: Jan. 30, 2013; In House. Read second time. Failed-Adjourned
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. Failed-Adjourned
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.

H.R. 1103
Status: Jan. 23, 2014; In House: Read 2nd time. Failed-Adjourned
Promotes individual rights through social media privacy protection. Urges Congress to act.

Hawaii
H.B. 713
Status: April 11, 2013; Failed first crossover deadline. Failed-Adjourned
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. Failed-Adjourned
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. Failed-Adjourned 
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. 2415
Status: March 6, 2013; Failed first crossover deadline. Failed-Adjourned
Prohibits employers and schools from requiring or requesting employees, potential employees, students, and potential students to grant access to social networking site account usernames and passwords

S.B. 207
Status: March 7, 2013; Failed first crossover deadline. Failed-Adjourned
Prohibits employers from requiring employees and applicants for employment from disclosing social media usernames or passwords.

Illinois
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: July 1, 2013; Re-referred to Assignments Committee.
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.

H.B. 4169
Status: April 11, 2014; 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. 4764
Status: Feb. 5, 2014; To House Committee on Rules.
Amends the Right to Privacy in the Workplace Act; requires every employer, after hiring an employee, to verify the employment eligibility of the employee through the E-Verify program; provides that, in addition to any other requirement for an employer to receive a grant, loan, or performance-based incentive from any government entity, the employer shall register with and participate in the E-Verify program; provides that before receiving the economic development incentive, the employer shall provide proof.

Indiana
H.B. 1420
Status: Jan. 16, 2014; To House Committee on Employment, Labor and Pensions. Failed-Adjourned.
Provides that an employer may not request an employee or applicant for employment to grant access to, allow observation of, or disclose access information that allows access to or observation of the employee's or applicant's personal internet account; provides that an educational institution may not request a student or prospective student to grant access to, allow observation of, or disclose access information that allows access to or observation of the student's or prospective student's personal account.

Iowa
H.F. 127
Status: Feb. 4, 2013; To House Committee on Education. Failed-Adjourned
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. Failed-Adjourned
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.

H.F. 2339
Status: Feb. 19, 2014; To House Committee on Labor. Failed-Adjourned.
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 information.

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

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

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

Louisiana
H.B. 340
Status: May 22, 2014; Signed by Governor, Act No. 165 
Creates the Personal Online Account Privacy Protection Act; prohibits employers and educational institutions from requesting or requiring individuals to disclose information that allows access to or observation of personal online accounts; prohibits employers and educational institutions from taking certain actions for failure to disclose information that allows access to personal online accounts; limits liability for failure to search or monitor the activity of personal online accounts.

Maine
H.B. 838/LD 1194
Status: May 1, 2014; Enacted. Chapter 112
Directs a study of social media privacy in schools and the workplace.

Maryland
S.B. 30
Status: Jan. 8, 2014; Failed.
Relates to educational institutions; relates to a personal electronic account; relates to privacy protection.

Massachusetts
H.B. 1707
Status: May 5, 2014; From Joint Committee on Labor and Workforce Development: Amended by substitution of new draft. See S.B. 2118.
Relates to social network privacy and employment.

S.B. 852
Status: May 5, 2014; From Joint Committee on Labor and Workforce Development: Amended by substitution of new draft. See S.B. 2118.
Relates to employees social media privacy protection.

S.B. 872
Status: June 19, 2014; From Joint Committee on Labor and Workforce Development: Accompanied Study Order H4209.
Relates to fair hiring practices.

S.B. 2118
Status: July 15, 2014. In Senate. Committee Amendment adopted. See S 2270.
Relates to social media privacy protection.

S.B. 2270
Status: July 16, 2014. To House Committee on Ways and Means
Relates to social media privacy protection; prohibits any public or private school or institution of higher education to compel a student to add a coach, teacher, school administrator, other school employee or school volunteer, to the student's list of contacts associated with a personal social media account; prohibits an employer from requiring social media information from an employee or applicant.

Minnesota
H.F. 293
Status: Feb. 4, 2013; To House Committee on Labor, Workplace and Regulated Industries. Failed-Adjourned
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. Failed-Adjourned
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. Failed-Adjourned
Relates to education; postsecondary; establishes the Education Internet Privacy Protection Act; provides penalties.

H.F. 2174
Status: Feb. 25, 2014; To House Committee on Higher Education Finance and Policy. Failed - Adjourned.
Relates to education; postsecondary; establishes the Minnesota Student Password Protection Act; provides penalties

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

S.F. 2199
Status: March 3, 2014; To Senate Committee on Education. Failed - Adjourned.
Relates to education; postsecondary; establishes the Minnesota Student Password Protection Act; provides penalties

Mississippi
S.B. 2250
Status: Feb. 4, 2014; Failed.
Prohibits an employer from requesting or requiring that an employee or applicant disclose any user name, password or other means accessing a personal account or service through certain electronic communications devices; prohibits an employer from taking, or threatening to take, certain disciplinary actions for an employee's refusal to disclose certain password and related information; prohibits an employer from failing or refusing to hire an applicant as a result of the applicant's refusal to disclose.

Missouri
H.B. 1834
Status: March 6, 2014; In House Committee on Downsizing State Government. Voted do pass. Failed-Adjourned
Protects employees from being required to disclose personal user names or passwords.

S.B. 750
Status: March 25, 2014; In Senate Committee on General Laws: Voted do passFailed-Adjourned
Relates to employee password protection.

Nebraska
L.B. 58
Status: June 11, 2013; Carried Over to Second Regular Session. Failed-Adjourned.
Adopts the Workplace Privacy Act; provides that no employer shall requires disclosure of any user name or password in order to gain access to the employee or applicant's social networking site profile or account; prohibits an employer from requiring a waiver of the the Workplace Privacy Act as a condition of continued employment or of applying for or receiving an offer of employment.

New Hampshire
H.B. 414
Status: June 12, 2013; Senate accedes to House request for Conference Committee.
Relates to privacy in the workplace and legislative approval of collective bargaining agreements; prohibits an employer from requiring an employee or prospective employee to disclose his or her social media or electronic mail passwords; provides that violations by employers subjects them to a civil penalty; provides that the cost items of every collective bargaining agreement entered into by the state shall be approved by the Fiscal Committee of the General Court before each takes effect.

H.B. 1407
Status: Aug. 1, 2014. Signed by Governor. Chap. 305
Relates to privacy in the workplace.

H.B. 1200
Status: May 8, 2014; Laid on table.
Relates to student social media policies by educational institutions.

H.B. 1212
Status: March 5, 2014; Failed to pass house.
Relates to student social media privacy in higher education.

S.B. 355
Status: May 6, 2014; From House Committee on Education. Ought to pass with amendment.
Relates to access to social media by educational institutions.

New York
A.B. 443
Status: May 13, 2014; To Senate Committee on Labor.
Prohibits an employer from requesting that an employee or applicant disclose any means for accessing an electronic personal account or service.

A.B. 8890
Status: Feb. 27, 2014; To Assembly Committee on Labor.
Protects the privacy of employees' and prospective employees' social media account.

S.B. 1701
Status: June 3, 2014; From Senate Committee on Labor.
Protects the privacy of employees' and prospective employees' social media accounts.

S.B. 2434
Status: June 3, 2014; From 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.

S.B. 4284
Status: Jan. 8, 2013; To Senate Committee on Education.
Prohibits the release of personally identifiable student information where parental consent is not provided.

S.B. 7358
Status: May 14, 2014; To Senate Committee on Energy and Telecommunications. 
Establishes the New York State Online Privacy Act; includes definitions, requirements, specifications for minors, responsibilities, liability and enforcement.

North Carolina
H.B. 846
Status: Nov. 1, 2013; 2013 General Assembly - First Session adjourned. Carryover to 2014. Failed-Adjourned.
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.

Ohio
H.B. 424
Status: Feb. 11, 2014; To House Committee on Commerce, Labor and Technology
Prohibits employers and educational institutions from requiring an employee, applicant, student, or prospective student to provide access to any personal Internet account of the employee, applicant, student, or prospective student.

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.

Oklahoma
H.B. 2372
STATUS: May 21, 2014; Signed by Governor, Chap. 315
Relates to labor; prohibits employer from requesting or requiring access to social media account of certain employees; prohibits an employer from taking retaliatory personnel action for failure to provide access to social media account; authorizes civil actions for violations; provides for recovery of attorney fees and court costs; defines terms; provides for codification; provides an effective date.

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: July 2, 2013; From Senate Committee on Judiciary. Recommended passage.
Establishes a social media privacy policy for students and employees.

H.B. 7124
Status: June 30, 2014; Signed by Governor, Chap. 188.
Establishes a social media privacy policy for students and employees.

SS.B. 493
Status: July 2, 2013; Held on desk.
Would establish a social media privacy policy for students and employees. This act would take effect upon passage.

S.B. 2095
Status: June 30, 2014; Signed by Governor, Chap. 207
Establishes a social media privacy policy for students and employees.

Tennessee
H.B. 1852
Status: March 18, 2014; To House Commitee on Calendar. Failed - adjourned.
Creates the Employee Online Privacy Act of 2014 which prevents an employer from requiring an employee to disclose the username and password for the employee's personal internet account except under certain circumstances.

S.B. 1808
Status: May 16, 2014; Signed by Governor. Chapter 826
Creates the Employee Online Privacy Act of 2014 which prevents an employer from requiring an employee to disclose the username and password for the employee's personal internet account except under certain circumstances.

West Virginia
H.B. 2966
Status: Feb. 27, 2014; To Senate Committee on Judiciary. Failed - adjourned.
Relates to employment and privacy protection.

Wisconsin
A.B. 218
Status: April 8, 2014; Public hearing held. Failed.
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.

S.B. 223
Status: Jan. 22, 2014;Signed by Governor, Act 208 
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.

Wyoming
S.B. 81
Status: Feb. 26, 2014; Indefinitely postponed. Failed - adjourned.
Relates to labor and employment; prohibits an employer from requesting or requiring access to a social media account of an employee or prospective employee; provides a definition; provides exceptions; provides for an effective date.

2013 Legislation

As of Dec. 2013


laptopYear-end summary: Legislation was introduced or considered in at least 36 states in 2013. Ten states--Arkansas, Colorado, Illinois, Nevada, New Jersey, New Mexico, Oregon, Utah, Vermont and Washington--enacted legislation in 2013 (Vermont's legislation provides for a study only). 

Arizona
S.B. 1411
Status: Feb. 20, 2013; Failed. Regular session adjourned.
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: Sept.11, 2013; In Senate. Read third time. Passed Senate. To enrollment.
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. Chapter 195
Concerns employer access to personal information through electronic communication devices.

Connecticut
H.B. 5690
Status: March 19, 2013; Failed. Regular session adjourned. 
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; Failed. Regular session adjourned.  
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. Adjourned. Carryover. 
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. Adjourned. Carryover.
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. Carryover. 
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. Carryover. 
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. Carryover. 
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. Carryover. 
Prohibits employers from requiring employees and applicants for employment from disclosing social media usernames or passwords.
 
Illinois
H.B. 64
Status: Aug. 2, 2013; Signed by Governor. Public Act No. 129
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: Aug. 16, 2013; Signed by Governor. Public Act No. 501 
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; Failed. Adjourned. 
Creates the Social Media Privacy Protection Act.

Maine
H.B. 838
Status: March 26, 2013; Senate refers to Joint Committee on Judiciary in Concurrence. Carried over to next session.
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.

Maryland
H.B. 1332
Status: Feb. 8, 2013; To House Committee on Appropriations. Failed. Adjourned. 
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. Failed. Adjourned. 
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: Sept. 10, 2013; In Joint Committee on Labor and Workforce Development: Heard. Eligible for Executive Session.
Relates to employees social media privacy protection.

S.B. 872
Status: Sept. 10, 2013; In Joint Committee on Labor and Workforce Development: Heard. Eligible for Executive Session.
Relates to fair hiring practices.

Minnesota
H.F. 293
Status: Feb. 4, 2013; To House Committee on Labor, Workplace and Regulated Industries. Carryover. 
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. Carryover
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. Carryover. 
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.  Carryover. 
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.  Carryover. 
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. Failed. 
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. Carryover. 
Adopts the Workplace Privacy Act.

Nevada
A.B. 181
Status: June 13, 2013; Signed by Governor. Chapter 548. 
Makes various changes to provisions governing employment practices.

New Hampshire
H.B. 379
Status: March 13, 2013; Failed. 
Prohibits an employer from requiring a prospective employee to disclose his or her social media passwords.
 
H.B. 414
Status: June 12, 2013; Senate accedes to House request for Conference Committee.
Prohibits an employer from requiring an employee or prospective employee to disclose his or her social media passwords.

New Jersey
A.B. 2878
Status: Aug. 28, 2013; Signed by Governor. Chapter No. 2013-155 
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: June 18,  2013; From Assembly Committee on Rules. 
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: June 4, 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
Creates unlawful employment practice if employer requires or requests access to employee or applicant’s personal social media account, or compels addition of employer to employee’s list of contacts associated with social media site. Prohibits employer from retaliating based on employee or applicant’s refusal to disclose or provide access to such accounts. Specifies employer is not prohibited from conducting investigations, which may include sharing content of accounts, but may not compel disclosure of passwords or authentications in course of investigation. Specifies employer is not prohibited from accessing information available to public. Defines “social media.”
 
S.B. 344
Status: June 13, 2013; Signed Governor. Chapter 408.
Provides that a public or private educational institution may not require, request or otherwise compel a student or prospective student to disclose or to provide access to a personal social media account.

S.B. 499
Status: Feb. 14, 2013; To Senate Committee on General Government, Consumer and Small Business Protection. Failed. Regular session adjourned.
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: July 2, 2013; From Senate Committee on Judiciary: Recommended as substituted.
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. Failed. Adjourned. 
Relates to prohibiting an employer from requiring or requesting access to Carryoverthe 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. Failed. Adjourned. 
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. Failed. Adjourned. 
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. Failed. Adjourned. 
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. Chapter 94.
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: June 3, 2013.; Signed by Governor. Act 47. 
Relates to social networking privacy protection.

Washington
S.B. 5211
Status: May 21, 2013; Signed by Governor.  Chapter 330. 
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.

Wisconsin
A.B. 218
Status: Sept. 18, 2013;To Assembly Committee on State Affairs and Government Operations. 
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.

S.B. 223
Status: Jan. 22, 2014;Signed by Governor, Act 208
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.

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LexisNexis Terms and Conditions

2012 Legislation
 

As of Jan. 17, 2013

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Year-end summary: Six states--California, Delaware, Illinois, Maryland, Michigan and New Jersey--enacted legislation in 2012 that prohibits requesting or requiring an employee, student or applicant to disclose a user name or password for a personal social media account. California, Illinois, Maryland, and Michigan laws apply to employers. California, Delaware, Michigan and New Jersey have laws that apply to  academic institutions. In all, fourteen states introduced legislation in 2012 that would restrict employers from requesting access to social networking usernames and passwords of applicants, students or employees.


California
A.B. 1844
Status: September 27, 2012. Signed by Governor. Chapter 618.
Prohibits an employer from requiring or requesting an employee or applicant for employment to disclose a user name 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. Prohibits an 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 by a violating employer.

S.B. 1349
Status: September 27, 2012. Signed by Governor. Chapter 619.
Prohibits public and private postsecondary educational institutions, employees and representatives from requiring or requesting a student, prospective student, or student group to disclose personal social media information. Prohibits such institutions from threatening or taking certain actions for refusal of a demand for such information. Requires certain actions by such institutions to ensure compliance with these provisions. Requires such institution to post social media privacy policy on its web site.  

Delaware
H.B. 308
Status: June 21, 2012. House Amendment No. HA 1 placed with bill. 
Makes it unlawful for employers to mandate that an employee or applicant disclose password or account information that would grant the employer access the employee's or applicant's social networking profile or account. Prohibits employers from requesting that employees or applicants log onto their respective social networking site profiles.

H.B. 309
Status: July 20, 2012. Signed by Governor, Chapter 354.
Makes it unlawful for a public or nonpublic academic institution to mandate that a student or applicant disclose password or account information granting the academic institution access to the student's or applicant's social networking profile or account. Prohibits academic institutions from requesting that a student or applicant log onto a personal social media account.

Illinois
H.B. 3782
StatusAugust 1, 2012. Signed by Governor. Public Act 97-0875.
Amends the Right to Privacy in the Workplace Act. Provides that it shall be unlawful for any employer to ask any prospective employee to provide any username, password, or other related account information in order to gain access to a social networking website where that prospective employee maintains an account or profile.

H.B. 5713
Status: February 16, 2012. To House Committee on Rules.
Amends the Right to Privacy in the Workplace Act. Provides that it is unlawful for any employer to ask any prospective employee to provide any username, password, or other related account information in order to gain access to a social networking website where that prospective employee maintains an account or profile.

Maryland
H.B. 310
Status: January 30, 2012. To House Committee on Appropriations.
Prohibiting public and nonpublic institutions of higher education from requiring a student or applicant for admission to provide the academic institution with access to specified Internet sites or electronic accounts through specified electronic devices, to disclose specified password and related information, or to install specified monitoring or tracking software onto specified electronic devices.

H.B. 364
Status: March 12, 2012. Withdrawn from further consideration
Prohibiting specified employers from requiring an employee or applicant for employment to provide the employer with access to specified Internet sites or electronic accounts through specified electronic devices; prohibiting specified employers from requiring an employee to install specified monitoring or tracking software onto specified electronic devices.

H.B. 746
Status: February 27, 2012. Withdrawn from further consideration.
Prohibits an institution of postsecondary education from requiring a student or an applicant for admission to provide access to a personal account or service through an electronic communications device, to disclose any user name, password, or other means for accessing specified accounts or services through an electronic communications device, or to install on specified electronic communications devices software that monitors or tracks electronic content.

S.B. 434
Status: March 13, 2012. To House Committee on Appropriations.
Prohibiting an institution of postsecondary education from requiring a student or an applicant for admission to provide access to a personal account or service through an electronic communications device, to disclose any user name, password, or other means for accessing specified accounts or services through an electronic communications device, or to install on specified electronic communications devices software that monitors or tracks electronic content.

H.B. 964 / S.B. 433
Status: May 2, 2012. Signed by Governor, Chapter 232/233 .
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.

Massachusetts
H.D. 4323
Status: March 13, 2012. Filed.
Relates to social networking and employment.

Michigan
H.B. 5523
Status: Dec. 27, 2012. Signed by GovernorPublic Act 478.
Prohibits employers and educational institutions from requiring certain individuals to disclose information that allows access to certain social networking accounts. Prohibits employers and educational institutions from taking certain actions for failure to disclose information that allows access to certain social networking accounts.

H.B. 5623
Status: May 10, 2012. Referred to Committee on Energy and Technology.
Prohibits employers and educational institutions from requiring certain individuals to disclose information that allows access to certain personal data storage accounts, such as social networking accounts. Prohibits employers and educational institutions from taking certain actions for failure to disclose information that allows access to certain personal data storage accounts.

Minnesota
H.F. 2963
Status: March 26, 2012. To House Committee on Commerce and Regulatory Reform. Regular session adjourned.
Prohibiting employers from requiring social network passwords as a condition of employment.

H.F. 2982
Status: March 29, 2012. To House Committee on Commerce and Regulatory Reform. Regular session adjourned.
Prohibits employers from requesting or requiring social network user names, passwords, or related information.

S.F. 2565
Status: March 27, 2012. To Senate Committee on Jobs and Economic Growth. Regular session adjourned.
Prohibits employers from requiring social network passwords as a condition of employment.

Missouri
H.B. 2060
Status: April 30, 2012 To House Committee on Rules. Regular session adjourned.
Prohibits an employer from requesting or requiring an employee or applicant to disclose any user name, password, or other means for accessing a personal account or service through electronic means. 

New Jersey

A.B. 2878
Status: November 12, 2012; Passed Senate. Received in the Assembly, 2nd Reading on Concurrence.
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers.


A.B. 2879
Status: December 3, 2012, Signed by Governor, Chapter 75.
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications devices by institutions of higher education.

S.B. 1898
Status: May 14, 2012. To Senate Committee on Labor.
Prohibits requirement to provide information for access to account on social networking website by employer.

S.B. 1915
Status: October 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.

S.B. 1916
Status: October 25, 2012; Substituted by A2879.
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications devices by institutions of higher education.

New York
S.B. 6938
Status: April 13, 2012. To Senate Committee on Labor.
Protects the privacy of employees' and prospective employees' social media accounts. 

A.B. 9654
Status: June 18, 2012. To Senate Committee on Rules. 
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.

S.B. 6831
Status: March 27, 2012. Introduced.
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.

S.B. 7077
Status: May 31, 2012. Amended in Senate Committee on Labor.
Protects the privacy of employees' and prospective employees' social media accounts.

A.B. 10396
Status: May 31, 2012. Enacting clause stricken.
Protects the privacy of employees' and prospective employees' social media accounts.

Ohio
S.B. 351
Status: June 12, 2012. To Senate Committee on Insurance, 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.
 
Pennsylvania
H.B. 2332
Status: June 18, 2012. To House Committee on Labor and Industry.
Relates to, in labor and employment settings, the protection of user names, passwords or other means necessary to access a private or personal social media account, service or Internet website.

South Carolina
H.B. 5105
Status: March 29, 2012. To House Committee on Judiciary.
Provides that an employer may not ask an employee or prospective employee to provide a password or other related account information in order to gain access to the employee's or prospective employee's profile or account on a social networking website. The refusal of an employee or prospective employee to provide a password, account information, or access to his account or profile on a social networking website to an employer must not be the basis of personnel action including, but not limited to, employment, termination, demotion, or promotions of the employee.

Washington
S.B. 6637
Status: April 11, 2012; By resolution, reintroduced and retained in present status. To Senate Committee on Labor, Commerce & Consumer Protection. Regular session adjourned.
Prohibits any person, firm, corporation, or the state of Washington, its political subdivisions, or municipal corporations to require, directly or indirectly, as a condition of employment or continued employment, that any employee or prospective employee submit any password or other related account information in order to gain access to the employee's or prospective employee's account or profile on a social networking web site or to demand access in any manner to an employee's or prospective employee's account or profile on a social networking web site.
 

Contact for more information: Pam Greenberg, NCSL Denver Office, 303-364-7700 ext. 1413, pam.greenberg@ncsl.org.

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