Social Media Privacy Laws in Employment: 50-State Survey under Employment Law
Overview
Social media privacy laws in employment regulate the extent to which employers can access or request employees' and job applicants' social media accounts and credentials. These laws aim to balance employers' interests in protecting their business with employees' rights to privacy. The legal landscape varies across the United States, with each state enacting its own statutes and regulations.
Key Provisions in State Laws
While specific provisions vary, common themes in state laws include:
Prohibition on Requesting Passwords: Most states prohibit employers from requesting or requiring employees or applicants to provide passwords or access to private social media accounts.
Publicly Accessible Information: Employers are generally allowed to review publicly accessible information on social media platforms.
Retaliation Protections: Laws often include provisions that protect employees from retaliation for exercising their rights under these statutes.
Scope of Applicability: Some laws apply only to certain types of employers, such as public agencies or employers with a minimum number of employees.
Case Law and Legal Precedents
PhoneDog v. Kravitz (2011): This case addressed whether a Twitter account and its password could be considered company property. The court held that such accounts could constitute trade secrets, and the former employee's refusal to relinquish the account could lead to claims of trade secret misappropriation.
Smyth v. Pillsbury Co. (1996): In this case, an employee sued for wrongful termination after his personal emails were intercepted by his employer. The court ruled that the employer's actions did not violate the employee's privacy rights, highlighting the limited expectation of privacy in workplace communications.
Bourke v. Nissan Motor Co. (1993): The court upheld an employer's right to monitor employees' emails, emphasizing that employees have a reduced expectation of privacy when using company email systems for personal communications.
Recent Developments
Mississippi's Social Media Age Verification Law: In 2024, Mississippi enacted a law requiring social media users to verify their age. While not directly related to employment, this law reflects the state's approach to regulating online activities. A federal appeals court allowed the law to go into effect, despite challenges from tech industry groups.
Meta's Settlement with Texas: Meta agreed to pay $1.4 billion to Texas over allegations of collecting biometric data without consent. This settlement underscores the importance of data privacy and the potential legal consequences for companies mishandling personal information.
Conclusion
Social media privacy laws in employment are evolving, with each state adopting its own regulations. Employers must navigate these laws carefully to avoid legal pitfalls, while employees should be aware of their rights to protect their personal information. Staying informed about state-specific laws and legal precedents is crucial for both parties in the digital age.
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