Employee Access to Social Media Passwords & Usernames WA ME

VT

ND

MT

MN

OR ID

WI

SD

NY

CA

PA

IA

NE UT

IL CO

RI

MI

WY NV NV

OH

IN

WV

KS

MO

OK

NM

HI

CT NJ DE MD

NC SC

AR MS

TX

VA

KY TN

AZ

NH MA

AL

GA

Legislation Enacted Legislation Proposed

LA FL

No Legislation Pending or Passed

Employer Access to Social Media Passwords and Usernames A State by State Comparison of Laws Passed and Bills Pending as of 2/27/2013 Each Bill listed prohibits - at a minimum - an employer from requiring an employee or applicant from disclosing their social media user names and passwords.

notes legislation enacted.

Prohibits Shoulder Surfing

Exception for Access to Company Systems / Devices

Exception for Investigations

State

Bill Number

Applies to Employees and Applicants

AZ

SB 1411

Yes

No

Yes

No

Yes

Yes

CA

AB 1844

Yes

No

No

Yes

Yes

Yes

Applies to Students

Applies to public employers

CA

SB 1349

No

Yes

No

Yes

No

No

CA

AB 25

Yes

No

Yes

Yes

Yes

Yes

David Kight, Esq. Spencer Fane Britt Browne, LLP 1000 Walnut - Suite 1400 Kansas City, Missouri 64106 (816) 474-8100 [email protected]

Source: National Conference on State Legislatures Not Intended As Legal Advice Page 1 of 9

Additional Notes

Status

Referred to Committee Passed and Signed by Governor Non-public schools must post social media privacy policy on the web.

Passed and Signed by Governor Referred to Committee

Cite to Applicable Law

Chapter 618

Chapter 619

Employer Access to Social Media Passwords and Usernames A State by State Comparison of Laws Passed and Bills Pending as of 2/27/2013 Each Bill listed prohibits - at a minimum - an employer from requiring an employee or applicant from disclosing their social media user names and passwords.

notes legislation enacted.

State

Bill Number

Applies to Employees and Applicants

CO

HB 1046

Yes

CT

H.B. 5690

Yes

CT

SB 159

Yes

David Kight, Esq. Spencer Fane Britt Browne, LLP 1000 Walnut - Suite 1400 Kansas City, Missouri 64106 (816) 474-8100 [email protected]

Applies to Students

No

Applies to public employers

Yes

Prohibits Shoulder Surfing

No.

Exception for Access to Company Systems / Devices

Yes

Exception for Investigations

Additional Notes

Status

Yes

May investigate for securities compliance or to address unauthorized downloading. Attorneys Fees permitted.

Referred to Committee

Referred to Committee Referred to Committee

Source: National Conference on State Legislatures Not Intended As Legal Advice Page 2 of 9

Cite to Applicable Law

Employer Access to Social Media Passwords and Usernames A State by State Comparison of Laws Passed and Bills Pending as of 2/27/2013 Each Bill listed prohibits - at a minimum - an employer from requiring an employee or applicant from disclosing their social media user names and passwords.

notes legislation enacted.

State

Bill Number

Applies to Employees and Applicants

Applies to Students

Applies to public employers

Prohibits Shoulder Surfing

Exception for Access to Company Systems / Devices

Exception for Investigations

Additional Notes

Status

Cite to Applicable Law

No use of friends to access students social media and no remote tracking. May not require student to friend representative of school.

Passed and Signed by Governor

Chapter 354

DE

HB 309

No

Yes

No

Yes

No

No

GA

HB 117

Yes

No

Yes

Yes

Yes

Yes

GA

HB 149

Yes

David Kight, Esq. Spencer Fane Britt Browne, LLP 1000 Walnut - Suite 1400 Kansas City, Missouri 64106 (816) 474-8100 [email protected]

No

Yes

No

Yes

Yes

Source: National Conference on State Legislatures Not Intended As Legal Advice Page 3 of 9

Referred to Committee Permits use of information in public domain. Attorney's fees permitted.

Referred to Committee

Employer Access to Social Media Passwords and Usernames A State by State Comparison of Laws Passed and Bills Pending as of 2/27/2013 Each Bill listed prohibits - at a minimum - an employer from requiring an employee or applicant from disclosing their social media user names and passwords.

notes legislation enacted.

Prohibits Shoulder Surfing

Exception for Access to Company Systems / Devices

Exception for Investigations

State

Bill Number

Applies to Employees and Applicants

HI

HB 713

Yes

No

Yes

Yes

Yes

Yes

HI

HB 1023

Yes

Yes

Yes

Yes

Yes

Yes

HI

SB 207

Yes

No

Yes

Yes

Yes

Yes

IL

HB 3782

Yes

No

No

No

Yes

Yes

Applies to Students

Applies to public employers

IL

HB 64

No

Yes

No

No

Yes

No

IL

HB 1047

Yes

No

No

Yes

Yes

Yes

David Kight, Esq. Spencer Fane Britt Browne, LLP 1000 Walnut - Suite 1400 Kansas City, Missouri 64106 (816) 474-8100 [email protected]

Source: National Conference on State Legislatures Not Intended As Legal Advice Page 4 of 9

Additional Notes

Status

Cite to Applicable Law

Referred to Committee Permits use of information in public domain.

Introduced Voted do pass from Committee Passed and Public Act 97Signed by 0875 Governor

Would add protection for students

Referred to Committee Referred to Committee

Employer Access to Social Media Passwords and Usernames A State by State Comparison of Laws Passed and Bills Pending as of 2/27/2013 Each Bill listed prohibits - at a minimum - an employer from requiring an employee or applicant from disclosing their social media user names and passwords.

notes legislation enacted.

State

Bill Number

Applies to Employees and Applicants

Applies to Students

Applies to public employers

Prohibits Shoulder Surfing

Exception for Access to Company Systems / Devices

Exception for Investigations

Additional Notes

Status

Aggrieved may seek only $1,000 for a violation plus attorney's fees.

Referred to Committee

IA

HF 127

Yes

Yes

Yes

Yes

Yes

Yes

KS

SB 53

Yes

Yes

Yes

Yes

Yes

Yes

Referred to Committee

KS

HB 2092

MD

HB 964 / SB 433

Yes

MD

SB 838

No

Yes

ME ME MA

LR 20 LR 1011

Yes Yes Yes

Passed and Signed by Governor Referred to Committee Introduced Introduced Introduced

HD 503

David Kight, Esq. Spencer Fane Britt Browne, LLP 1000 Walnut - Suite 1400 Kansas City, Missouri 64106 (816) 474-8100 [email protected]

Yes

No

Yes

Yes

Source: National Conference on State Legislatures Not Intended As Legal Advice Page 5 of 9

Cite to Applicable Law

Chapter 232/233

Employer Access to Social Media Passwords and Usernames A State by State Comparison of Laws Passed and Bills Pending as of 2/27/2013 Each Bill listed prohibits - at a minimum - an employer from requiring an employee or applicant from disclosing their social media user names and passwords.

notes legislation enacted.

State

Bill Number

Applies to Employees and Applicants

Applies to Students

Applies to public employers

Prohibits Shoulder Surfing

Exception for Access to Company Systems / Devices

Exception for Investigations

Additional Notes

Status

Cite to Applicable Law

Requires a demand on the violator before suit can be filed.

Passed and Signed by Governor

Public Act 478

MI

HB 5523

Yes

Yes

Yes

Yes

Yes

Yes

MN

HF 293

Yes

No

No

No

Yes

No

MS

HB 165

Yes

No

No

Arguably

No

No

MO

HB 115

Yes

No

No

No

Yes

No

MO

SB 164

Yes

No

Yes

No

Yes

No

David Kight, Esq. Spencer Fane Britt Browne, LLP 1000 Walnut - Suite 1400 Kansas City, Missouri 64106 (816) 474-8100 [email protected]

Source: National Conference on State Legislatures Not Intended As Legal Advice Page 6 of 9

Referred to Committee Damages of $5,000 for violation.

Died in Committee Introduced

Applies to Independent Contractors

Introduced

Employer Access to Social Media Passwords and Usernames A State by State Comparison of Laws Passed and Bills Pending as of 2/27/2013 Each Bill listed prohibits - at a minimum - an employer from requiring an employee or applicant from disclosing their social media user names and passwords.

notes legislation enacted.

State

MT

Bill Number

SB 195

Applies to Employees and Applicants

Yes

Applies to Students

No

Applies to public employers

No

Prohibits Shoulder Surfing

No

Exception for Access to Company Systems / Devices

Yes

Exception for Investigations

Status

Yes

Can't require applicant or employee to Voted do pass change from privacy Committee settings or force friending. Prohibits using friends for access. Provides for attorney's fees.

NE

LB 58

Yes

No

Yes

Yes

Yes

Yes

NH

HB 379

Yes

No

No

No

No

No

NH

HB 414

yes

No

No

No

No

No

NJ

AB 2879

David Kight, Esq. Spencer Fane Britt Browne, LLP 1000 Walnut - Suite 1400 Kansas City, Missouri 64106 (816) 474-8100 [email protected]

Additional Notes

Yes

Source: National Conference on State Legislatures Not Intended As Legal Advice Page 7 of 9

Cite to Applicable Law

Referred to Committee

Referred to Committee Referred to Committee Passed and Signed by Governor

Chapter 75

Employer Access to Social Media Passwords and Usernames A State by State Comparison of Laws Passed and Bills Pending as of 2/27/2013 Each Bill listed prohibits - at a minimum - an employer from requiring an employee or applicant from disclosing their social media user names and passwords.

notes legislation enacted.

Prohibits Shoulder Surfing

Exception for Access to Company Systems / Devices

Exception for Investigations

State

Bill Number

Applies to Employees and Applicants

NM

SB 371

Yes

No

No

Arguably

No

No

NY

AB 443

Yes

No

Yes

No

Yes

No

NY

SB 1071

Yes

No

Yes

No

Yes

No

NY

SB 2434

Yes

No

Yes

No

Yes

No

ND

HB 1455

Yes

No

No

Yes

Yes

Yes

OR

HB 2654

Yes

No

No

Yes

No

No

OR

SB 344

Yes

No

No

Yes

No

No

OR

SB 499

Yes

No

No

Yes

Yes

Yes

RI

HB 5255

Yes

Yes

David Kight, Esq. Spencer Fane Britt Browne, LLP 1000 Walnut - Suite 1400 Kansas City, Missouri 64106 (816) 474-8100 [email protected]

Applies to Students

Applies to public employers

Source: National Conference on State Legislatures Not Intended As Legal Advice Page 8 of 9

Additional Notes

Status

Referred to Committee Referred to Committee Referred to Committee Prohibits Passed in accessing via a House; Sent friend. to Senate Prohibits forced Introduced friending. Introduced Prohibits forced Introduced friending. Referred to Committee

Cite to Applicable Law

Employer Access to Social Media Passwords and Usernames A State by State Comparison of Laws Passed and Bills Pending as of 2/27/2013 Each Bill listed prohibits - at a minimum - an employer from requiring an employee or applicant from disclosing their social media user names and passwords.

notes legislation enacted.

Prohibits Shoulder Surfing

Exception for Access to Company Systems / Devices

Exception for Investigations

Additional Notes

Status

Permits use of information in public domain.

Introduced

State

Bill Number

Applies to Employees and Applicants

TX

HB 318

Yes

No

No

Arguably

No

No

TX TX

HB 451 SB 118

Yes Yes

Yes No

Yes No

Arguably No

No No

No No

Applies to Students

Applies to public employers

TX

SB 416

Yes

Yes

Yes

Arguably

No

No

UT

HB 100

Yes

Yes

No

Yes

Yes

Yes

VT

SB 7

Yes

Yes

No

Arguably

Yes

No

WA

SB 5211

Yes

No

Yes

Yes

No

No

David Kight, Esq. Spencer Fane Britt Browne, LLP 1000 Walnut - Suite 1400 Kansas City, Missouri 64106 (816) 474-8100 [email protected]

Source: National Conference on State Legislatures Not Intended As Legal Advice Page 9 of 9

Introduced Introduced Permits use of information in public domain. Prohibits forced friending. Violation warrants $500 penalty and attorney's fees.

Introduced

Referred to Committee

Referred to Committee

Cite to Applicable Law