Employer Access to Employee Passwords

Employer Access to Employee Passwords

Employee Passwords have become a new battleground. Because this issue has begun to crop up, and it will only continue to do so.

So does your employer have a right to your social media passwords?

Employer Access to Employee Passwords
Facebook (Photo credit: Wikipedia)

So before you reflexively say no, the truth is, unless the is expressly forbids it, companies can take advantage of a less than stellar economy and less than powerful employees and demand access into social media accounts and employee passwords. As a result, a variety of bills have been introduced around the United States in an effort to address this matter.

Massachusetts

First of all, here in the Bay State, a bill was introduced in May of 2014 which would block employer access to social media passwords. Because The Boston Globe reported on this. And according to State Senator Cynthia Creem, a Democrat from Newton, who originally filed the Password Protection Act, demanding passwords as a condition of employment, “doesn’t seem acceptable.”

Louisiana

In addition, House Bill 340

“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.”

And this is according to the National Conference of State Legislatures.

New Hampshire

Furthermore, House Bill 414, according to the National Conference of State Legislatures,

“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.”

Oklahoma

In addition, when it comes to employee passwords, Oklahoma’s House Bill 2372 says,

“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.”

And this is according to the National Conference of State Legislatures.

Rhode Island

Furthermore, House Bill 5255, per the National Conference of State Legislatures, “Establishes a social media privacy policy for students and employees.”

Employer Access to Employee Passwords
English: Great seal of the state of Rhode Island Français : Sceau du Rhode Island (Photo credit: Wikipedia)

Tennessee

In addition, Tennessee’s Senate Bill 1808, according to the National Conference of State Legislatures,

“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.”

Wisconsin

And then in Wisconsin, State Bill 223, per the National Conference of State Legislatures,

“Relates to employer access to, and observation of, the personal Internet accounts of employees and applicants for employment; [and] relates to educational institution access to, and observation of, the personal Internet accounts of students and prospective students;
and “relates to landlord access to, and observation of, the personal Internet accounts of tenants and prospective tenants; provides a penalty.”.

Other States

In addition, Maryland became apparently the first state to consider the matter, per the Boston Globe, in 2012. Furthermore, according to the National Conference of State Legislatures, several bills have been proposed around the country. However, aside from the ones listed above, only the following states have these laws. Except for Massachusetts, which pended at the first writing of this blog post. Otherwise, all were enacted in 2014. Furthermore, these laws prohibit employers from gaining access to employees’ social media account passwords. I list them by the year the protection was enacted:

  • 2012 – California, Delaware, Illinois, Maryland, Michigan and New Jersey
  • 2013 – Arkansas, Colorado, Illinois, Nevada, New Jersey, New Mexico, Oregon, Utah, Vermont (provides for a study only) and Washington

Finally, the country still has a long way to go in terms of guaranteeing employees privacy in social media accounts. Hence we all need to look out more. In addition, it might end up a good idea to just out and out refuse when asked for passwords.

Facebooker, beware.