Increasing numbers of Americans use social media both on and off the job. Concerns about 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.

2020 Legislation

Summary: Legislation has been introduced/considered in at least fiour states in 2020.

Hawaii

H.B. 6

Status: Pending

Establishes the Uniform Employee and Student Online Privacy Protection Act that adopts uniform laws on protecting the online accounts of employees, prospective employees, unpaid interns, applicants, students, and prospective students from employers and educational institutions.



H.B. 1904

Status: Pending

Establishes The Uniform Employee and Student Online Privacy Protection Act that adopts uniform Laws on protecting the online accounts of employees, prospective employees, unpaid interns, applicants, students, and prospective students from employers and educational institutions.



S.B. 296

Status: Pending

Adopts uniform laws on protecting the online accounts of employees, unpaid interns, applicants, students, and prospective students from employers and educational institutions.



S.B. 2010

Status: Pending

Establishes the Uniform Employee and Student Online Privacy Protection Act that adopts uniform laws on protecting the online accounts of employees, prospective employees, unpaid interns, applicants, students, and prospective students from employers and educational institutions.

Massachusetts

H.B. 448

Status: Pending

Relates to student data privacy. Provides that a school district shall not require, request or cause a student to disclose a user name, password or other means for access, or provide access through a user name or password, to a personal social media account.



H.B. 1628

Status: Pending

Relates to social media consumer privacy protection.



H.B. 3695

Status: Pending

Relates to social media consumer privacy protection.



H.B. 4642

Status: Pending

Relates to student data privacy.



S.B. 1055

Status: Pending

Relates to social media privacy protection.

Minnesota

H.B. 1196

Status: Failed - Adjourned

Relates to data privacy, protects applicant's and employee's personal usernames and passwords from access by employers, provides for civil enforcement.



S.B. 1432

Status: Failed - Adjourned

Relates to data privacy, protects applicant's and employee's personal usernames and passwords from access by employers, provides for civil enforcement.

New York

A.B. 935

Status: Pending

Relates to the Uniform Employee and Student Online Privacy Protection Act, relates to the protection of employee and student online accounts.



S.B. 2728

Status: Pending

Relates to the Uniform Employee and Student Online Privacy Protection Act, relates to the protection of employee and student online accounts.





2019 Legislation

Summary: Legislation has been introduced in at least five states in 2019.

Florida

H.B. 493

Status: Failed

Relates to social media accounts 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 against an employee or failing or refusing to hire a prospective employee as a result of the employees’ refusal to allow access to his or her social media account.

S.B 1468

Status: Failed

Relates to personal online accounts, defines terms, prohibits employers, educational institutions, or landlords from taking specified actions relating to personal online accounts, provides construction, requires employers, educational institutions, or landlords that inadvertently receive authentication information for personal online accounts to take certain actions.

Hawaii

H.B. 6

Status: Pending - Carryover

Adopts uniform laws on protecting the online accounts of employees, unpaid interns, applicants, students, and prospective students from employers and educational institutions.



S.B 296

Status: Pending - Carryover

Adopts uniform laws on protecting the online accounts of employees, unpaid interns, applicants, students, and prospective students from employers and educational institutions.

Massachusetts

H.B 448

Status: Pending

Relates to student data privacy.



H.B 1628

Status: pending

Relates to social media consumer privacy protection.



S.B 1055

Status: Pending

Relates to social media privacy protection.

Minnesota

H.B. 1196

Status: Pending - Carryover

Relates to data privacy, protects applicant's and employee's personal usernames and passwords from access by employers, provides for civil enforcement.



S.B. 1432

Status: Pending - Carryover

Relates to data privacy, protects applicant's and employee's personal usernames and passwords from access by employers, provides for civil enforcement.

New York

A.B. 935

Status: Pending

Relates to the Uniform Employee and Student Online Privacy Protection Act, relates to the protection of employee and student online accounts.



S.B. 2728

Status: Pending

Relates to the Uniform Employee and Student Online Privacy Protection Act, relates to the protection of employee and student online accounts.

LexisNexis Terms and Conditions

2018 Legislation

Summary: Legislation was considered in at least six states in 2018.

Georgia

H.B. 389

Status: Failed--adjourned.

Relates to general provisions regarding labor and industrial relations, so as to prohibit employers from requesting usernames, passwords, or other means of accessing an account or service for the purpose of accessing personal social media through electronic communications devices of employees or prospective employees with certain exceptions; provides for definitions; provides for penalties; provides a short title; provides for related matters; repeals conflicting laws.

Hawaii

H.B. 814

Status: Failed--adjourned.

Establishes the Uniform Employee and Student Online Privacy Protection Act; protects employee and student online accounts; prohibits an employer or educational institution from requiring or coercing an employee or student to disclose login information, content, settings, or access to online accounts.

H.B. 2173

Status: Failed--adjourned.

Prohibits employers and educational institutions from requiring employees, students, and prospective employees and students to provide protected personal online account information; authorized private civil actions against violators.

H.B. 2289

Status: Failed--adjourned.

Adopts uniform laws on protecting the online accounts of employees, unpaid interns, applicants, students, and prospective students from employers and educational institutions, respectively.

S.B. 429

Status: Failed--adjourned.

Relates to the Uniform Employee and Student Online Privacy Protection Act; adopts uniform laws on protecting the online accounts of employees and students from employers and educational institutions, respectively.

S.B. 2233

Status: Failed--adjourned.

Adopts uniform laws on protecting the online accounts of employees, unpaid interns, applicants, students, and prospective students from employers and educational institutions, respectively.

Massachusetts

H.B. 158

Status: Pending

Relates to social media consumer privacy protection.

H.B. 253

Status: Pending

Relates to student data privacy.

S.B. 991

Status: Pending

Relates to social media privacy protection.

S.B. 1027

Status: Pending

Relates to fair hiring practices.

S.B. 2320

Status: Pending

Relates to social media privacy protection.

S.B. 2346

Status: Pending

Relates to social media privacy protection.

Minnesota

H.F. 2116

Status: Failed--adjourned.

Relates to data privacy; protects applicant's and employee's personal usernames and passwords from access by employers; provides for civil enforcement.

H.F. 2591

Status: Failed--adjourned.

Relates to privacy; enacts the Uniform Employee and Student Online Privacy Protection Act.

S.F. 2038

Status: Failed--adjourned

Relates to data privacy; protects applicant's and employee's personal usernames and passwords from access by employers; provides for civil enforcement.

S.F. 2320

Status: Failed--adjourned.

Relates to privacy; enacts the Uniform Employee and Student Online Privacy Protection Act.

New York

A.B. 5995

Status: Pending

Relates to the Uniform Employee and Student Online Privacy Protection Act; relates to the protection of employee and student online accounts.

S.B. 1573

Status: Pending

Prohibits an employer or educational institution from requesting or requiring that an employee, applicant or student disclose any username, password, or other means for accessing a personal account or service through specified electronic communications devices.

S.F. 4167

Status: Pending

Protects the privacy of employees' and prospective employees' social media accounts.

S.B. 7808

Status: Pending

Relates to the "uniform employee and student online privacy protection act"; relates to the protection of employee and student online account.

Missouri

H.B. 1358

Status: Failed--adjourned.

Establishes the Password Privacy Protection Act.

2017 Legislation

Summary: Legislation was considered in at least 10 states in 2017. Legislation was enacted in Arkansas and Vermont in 2017

Arkansas

H.B. 2216

Status: Enacted, Act No. 792

Amends the law concerning the social media accounts of current and prospective employees.

Georgia

H.B. 389

Status: Pending - Carryover

Relates to general provisions regarding labor and industrial relations, so as to prohibit employers from requesting usernames, passwords, or other means of accessing an account or service for the purpose of accessing personal social media through electronic communications devices of employees or prospective employees with certain exceptions, provides for definitions, provides for penalties, provides a short title, provides for related matters, repeals conflicting laws.

Hawaii

H.B. 814

Status: Pending - Carryover

Establishes the Uniform Employee and Student Online Privacy Protection Act, protects employee and student online accounts, prohibits an employer or educational institution from requiring or coercing an employee or student to disclose login information, content, settings, or access to online accounts.

S.B. 429

Status: Pending - Carryover

Relates to the Uniform Employee and Student Online Privacy Protection Act, adopts uniform laws on protecting the online accounts of employees and students from employers and educational institutions, respectively.

Illinois

H.B. 1606

Status: Pending

Amends the Right to Privacy in the Workplace Act, makes a technical change in a Section concerning prohibited inquiries.

Massachusetts

H.B. 158

Status: Pending

Relates to social media consumer privacy protection.

H.B. 253

Status: Pending

Relates to student data privacy.

S.B. 991

Status: Pending

Relates to social media privacy protection.

S.B. 1027

Status: Pending

Relates to fair hiring practices.

Minnesota

H.B. 2116

Status: Pending - Carryover

Relates to data privacy, protects applicant's and employee's personal usernames and passwords from access by employers, provides for civil enforcement.

H.B. 2591

Status: Pending - Carryover

Relates to privacy, enacts the Uniform Employee and Student Online Privacy Protection Act.

S.B. 2038

Status: Pending - Carryover

Relates to data privacy, protects applicant's and employee's personal usernames and passwords from access by employers, provides for civil enforcement.

S.B. 2320

Status: Pending - Carryover

Relates to privacy, enacts the Uniform Employee and Student Online Privacy Protection Act.

Missouri

H.B. 564

Status: Failed - Adjourned

Establishes the Password Privacy Protection Act.

S.B. 316

Status: Failed - Adjourned

Creates new provisions relating to password protection.

New York

A.B. 192

Status: Pending

Protects the privacy of employees' and prospective employees' social media accounts.

A.B. 5485

Status: Pending

Prohibits an employer or educational institution from requesting or requiring that an employee, applicant or student disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices.

A.B. 5504

Status: Pending

Prohibits discrimination based upon refusal to comply with social media access requests.

A.B. 5995

Status: Pending

Relates to the uniform employee and student online privacy protection act, relates to the protection of employee and student online accounts.

S.B. 1573

Status: Pending

Prohibits an employer or educational institution from requesting or requiring that an employee, applicant or student disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices.

S.B. 4167

Status: Pending

Protects the privacy of employees' and prospective employees' social media accounts.

Vermont

H.B. 462

Status: Enacted, Act No. 37

Relates to social media privacy for employees, prohibits an employer from requiring or requesting that an employee or applicant disclose personal social media account information, provides definitions, provides exceptions under specified circumstances, prohibits retaliation against an employee who exercises or attempts to exercise their rights.

Wyoming

S.B. 20

Status: Failed - Adjourned

Relates to education, prohibits an officer or employee of a school district from requiring access to a digital information account of a student or prospective student, prohibits waiver of rights, provides exceptions, provides for an effective date.



2016 Legislation

Summary: Legislation was considered in at least 15 states in 2016. Legislation was enacted in Illinois, Nebraska, Virginia and West Virginia in 2016.

Alabama

H.B. 267

Status: Failed--Adjourned.

Relates to public prekindergarten, elementary, and secondary education; limits the collection and disclosure of student and teacher information to specific academic purposes; provides civil penalties for violation.

S.B. 318

Status: Failed--Adjourned.

Relates to public prekindergarten, elementary, and secondary education; limits the collection and disclosure of student and teacher information to specific academic purposes; provides civil penalties for violation

Alaska

H.B. 284

Status: Failed--Adjourned.

Relates to social media privacy of employees and applicants for employment; provides for an effective date.



H.B. 285

Status: Failed--Adjourned.

Relates to schools, school districts, correspondence programs, private schools, and the employees of those schools, districts, and programs; relates to student social media privacy; relates to postsecondary educational institutions; provides for an effective date.

Florida

H.B. 635

Status: 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 against employee as result of employees refusal to allow access to his or her social media account; prohibits employer from failing or refusing to hire prospective employee as result of prospective employees refusal to allow access to his or her social media account; authorizes a civil action.



S.B. 186

Status: Failed

Relates to social media privacy; prohibits an employer from requesting or requiring access to social media account of an employee of prospective employee; prohibits retaliatory action against an employee for refusal to provide same; prohibits an employer from failing or refusing to hire a person who does not provide such information; provides a penalty for violations; authorizes a civil action for violation; provides for recovery of attorney fees and court costs.

Georgia

H.B. 138

Status: Failed--Adjourned.

Relates to general provisions regarding labor and industrial relations; 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 a short title; provides for related matters; repeals conflicting laws.



Hawaii

H.B. 561

Status: Failed--Adjourned.

Prohibits employers from requiring or requesting employees and potential employees to grant access to personal account usernames and passwords

H.B. 1305

Status: Failed.

Prohibits employers from requiring, requesting, suggesting, or causing employees and potential employees to grant access to personal account usernames or passwords for a social networking website.



H.B. 1739

Status: July 11, 2016, vetoed by Governor.

Prohibits employers from requiring, requesting, or coercing employees or potential employees to provide access to their personal accounts.



S.B. 1269

Status: Failed.

Prohibits employers from requiring or requesting employees and potential employees to grant access to personal account usernames and passwords



Illinois

H.B. 1299

Status: Failed-adjourned.

Amends the Right to Privacy in the Workplace Act; makes a technical change in a Section concerning prohibited inquiries.



H.B. 4082

Status: Failed-adjourned.

Amends the Right to Privacy in the School Setting Act; provides that an elementary or secondary school must provide notification to the student and his or her parent or guardian that the elementary or secondary school may, upon court order, require a student to provide a password or other related account information in order to gain access to the student's account or profile on a social networking website.

H.B. 4999

Status: July 22, 2016, Signed by Governor. Chap. 610.

Amends the Right to Privacy in the Workplace Act; makes it unlawful for an employer or prospective employer to request or require an employee or applicant to authenticate or access a personal online account in the presence of the employer, to request or require that an employee or applicant invite the employer to join a certain group, or join an online account established by the employer; prohibits retaliation against an employee or applicant; amends the Freedom from Location Surveillance Act.



S.B. 259

Status: Failed-adjourned.

Amends the Right to Privacy in the Workplace Act; makes a technical change in a Section concerning prohibited inquiries.



S.B. 983

Status: Failed-adjourned.

Amends the Right to Privacy in the Workplace Act; makes a technical change in a Section concerning prohibited inquiries.

S.B. 2693

Status: Failed-adjourned.

Amends the Right to Privacy in the Workplace Act; makes a technical change in a Section concerning prohibited inquiries regarding whether a prospective employee has ever filed a workers' compensation claim; prohibits an employer from requiring passwords or access to a social networking account.



Massachusetts

H.B. 386

Status: Failed-adjourned.

Relates to social media password privacy for school students.

H.B. 4143

Status: Failed-adjourned.

Prohibits school districts from requesting a student user name, password or other means for access to a personal social media account.

S.B. 962

Status: Failed-adjourned.

Relates to employees social media privacy protection.



S.B. 991

Status: Failed-adjourned.

Relates to fair employment practices.



S.B. 2034

Status: Failed-adjourned.

Relates to employees social media privacy protection; provides that no employer or educational institution shall require an applicant to provide access to a social media site as a condition of employment or acceptance; provides for a civil action for damages; includes students and prospective students..



S.B. 2054

Status: Failed-adjourned.

Relates to employees social media privacy protection; provides that no employer or educational institution shall require an applicant to provide access to a social media site as a condition of employment or acceptance; provides for a civil action for damages; includes students and prospective students.



S.B. 2063

Status: Failed-adjourned.

Provides privacy protection of student social media accounts used exclusively for personal use; provides that an educational institution shall not require a student or applicant to disclose a user name or password to a personal social media account, compel a student, as a condition of participation in curricular or extracurricular activities, to add school personnel to the list of contacts or retaliate for student refusal to comply; provides a civil action for damages.



Minnesota

H.B. 2385

Status: Failed--Adjourned.

Relates to data privacy; protects applicant and employee personal usernames and passwords from access by employers; provides for civil enforcement.



H.B. 2386

Status: Failed--Adjourned.

Relates to data privacy; provides for protection of a student's personal user name and password; provides for enforcement.

S.B. 2703

Status: Failed--Adjourned.

Relates to data privacy; protects applicant's and employee's personal usernames and passwords from access by employers; provides for civil enforcement.

S.B. 2705

Status: Failed-Adjourned.

Relates to data privacy; provides for protection of a student's personal user name and password; provides for enforcement.



Missouri

H.B. 1735

Status: Failed-adjourned.

Establishes the Password Privacy Protection Act. Applies to employers and educational institutions.



Nebraska

L.B. 821

Status: April 19, 2016, Signed by Governor.

Adopts the Workplace Privacy Act; prohibits employers from accessing an applicant or an employee's personal Internet accounts and taking adverse action against, or failing to hire, an employee or applicant for failure to provide any information related to the account; prohibits retaliation against an employee who files a complaint under the Act; prohibits an employee from downloading or transferring any private proprietary information or financial data to a personal Internet account without authorization.



New Hampshire

H.B. 1458

Status: Failed.

Amends the statute governing social media policies in educational institutions



S.B. 393

Status: Failed--adjourned.

Clarifies the rights of employers and employees concerning the possession and control of data



New York

A.B. 2891

Status: Failed-adjourned.

Protects the privacy of employees' and prospective employees' social media accounts.



A.B. 4388

Status: Failed-adjourned.

Prohibits an employer or educational institution from requesting or requiring that an employee, applicant or student disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices.



S.B. 3927

Status: Failed-adjourned.

Protects the privacy of employees' and prospective employees' social media accounts.



S.B. 4073

Status: Failed-adjourned.

Amends the General Business Law; establishes the New York State Online Privacy Protection and Internet Safety Act; establishes the New York State Online Accounts and Social Media Privacy Act; establishes the requirements for use and destruction of online personal and private information; includes definitions, requirements, specifications for minors, responsibilities, liability and enforcement.

S.B. 6871

Status: Failed-adjourned.

Prohibits an employer or educational institution from requesting or requiring that an employee, applicant or student disclose any user name, password, or other means for accessing a personal account or service through specified communications devices.

Oklahoma

H.B. 1877

Status: Failed--Adjourned.

Relates to labor; relates to employer access to online social media accounts of employees; provides exception; provides an effective date.



H.B. 2295

Status: Failed--Adjourned.

Relates to labor; relates to employer access to online social media accounts of employees; provides exception; provides an effective date.

H.B. 3184

Status: Failed--Adjourned.

relates to crimes and punishments; creates the Student Social Media Protection Act; provides for noncodification; provides an effective date.



Virginia

S.B 438

Status: April 1, 2016; Signed by Governor, Chap. 597.

Relates to public institutions of higher education; relates to social media accounts; prohibits a public or private institution of higher education from requiring a student to disclose the username or password to any of such student's social media accounts.

West Virginia

H.B. 4364

Status: May 13, 2016, Signed by Governor, Act 143.

Relates to employment and privacy protection; 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 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

LexisNexis Terms and Conditions

2015 Legislation

As of Dec. 2015

Summary: Legislation has been introduced or considered in at least 23 states in 2015; nine states have enacted legislation in 2015.

Arkansas

H.B. 1087

Status: Failed--Adjourned

Amends the law regarding social media accounts of current and prospective employees.



Connecticut

H.B. 6247

Status: Failed: Failed Joint Favorable deadline.

Concerns employee privacy; protects privacy by barring employers or potential employers from requiring employees or potential employees to provide passwords or user names to their personal accounts as a condition of employment.

S.B. 426

Status: May 19, 2015; Signed by Governor. Public Act 15-6

Concerns employee online privacy; protects employee privacy by barring employers or potential employers from (1) requesting or requiring employees or potential employees to provide passwords or usernames to their personal online accounts as a condition of employment, and (2) requesting or requiring employees or potential employees to invite the employer or potential employer to join their personal online account network.

Delaware

H.B. 109

Status: Aug. 7, 2015; Signed by Governor, Chapter 146

Under current Delaware law there is no recognized right to privacy in an employee or applicant's social networking site passwords and account information. This bill makes it unlawful for employers, subject to certain exceptions, (i) to mandate that an employee or applicant disclose password or account information that would grant the employer access the employee or applicant's personal social networking profile or account, among other requirements.

Florida

S.B. 126

Status: Failed. Died in committee

Relates to social media privacy; prohibits an employer from requesting or requiring access to a social media account of an employee or prospective employee under certain circumstances; prohibits an employer from taking retaliatory personnel action for an employee's refusal to allow access to his or her social media account; authorizes civil action for a violation; specifies that an employer is not prohibited from seeking access to social media accounts used primarily for the employer's business purposes.



Georgia

H.B. 138

Status: Pending--Carryover.

Relates to general provisions regarding labor and industrial relations; 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 a short title; provides for related matters; repeals conflicting laws.



Hawaii

H.B. 561

Status: Pending--Carryover

Prohibits employers from requiring or requesting employees and potential employees to grant access to personal account usernames and passwords

H.B. 1305

Status: Pending--Carryover

Prohibits employers from requiring, requesting, suggesting, or causing employees and potential employees to grant access to personal account usernames or passwords for a social networking website.



S.B. 1269

Status: Pending--Carryover

Prohibits employers from requiring or requesting employees and potential employees to grant access to personal account usernames and passwords



Illinois

H.B. 1299

Status: Pending

Amends the Right to Privacy in the Workplace Act; makes a technical change in a Section concerning prohibited inquiries.

H.B. 3527

Status: May 31, 2015; Signed by Governor. Public Act 460

Amends the Right to Privacy in the School Setting Act; relates to cyberbullying; amends provisions allowing a school to request or require a student to provide a password or other related account information in order to gain access to the student's account or profile on a social networking website if the school has cause to believe that the student's account contains evidence that the student has violated a school disciplinary rule or policy.



H.B. 4082

Status: Pending

Amends the Right to Privacy in the School Setting Act; provides that an elementary or secondary school must provide notification to the student and his or her parent or guardian that the elementary or secondary school may, upon court order, require a student to provide a password or other related account information in order to gain access to the student's account or profile on a social networking website.



S.B. 259

Status: Pending

Amends the Right to Privacy in the Workplace Act; makes a technical change in a Section concerning prohibited inquiries.



S.B. 983

Status: Pending

Amends the Right to Privacy in the Workplace Act; makes a technical change in a Section concerning prohibited inquiries.



Indiana

H.B. 1474

Status: 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 certain access information.

Maine

H.B. 467

Status: Failed

This bill protects the social media privacy of employees and applicants for employment. The bill prohibits an employer from requiring or coercing an employee or applicant to disclose, or requesting that an employee or applicant disclose, the password or any other means for accessing a personal social media account. It also prohibits an employer from requiring or coercing an employee or applicant to access, or requesting that an employee or applicant access, a personal social media account.

H.B. 640

Status: July 12, 2015; Became law without Governor's signature. Chapter 343

Increases penalties that may be assessed for violations of the employment leave for victims of violence law; provides that a terminated person may choose either to receive an amount three times the total assessed fines or reemployment with the employer with back wages; provides that an employer may not require or coerce an employee or employment applicant into divulging a password to access a personal social media account, divulge account information or to add an employer or agent to such account.



Maryland

H.B. 934

Status: May 12, 2015, Signed by Governor. Chapter 465

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 individuals to a list of contacts or to change privacy settings.

S.B. 210

Status: May 12, 2015, Signed by Governor. Chapter 466

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 individuals to a list of contacts or to change privacy settings.

Massachusetts

H.B. 386

Status: Pending

Relates to social media password privacy for school students.

S.B. 962

Status: Pending

Relates to employees social media privacy protection.



S.B. 991

Status: Pending

Relates to fair employment practices.

Missouri

H.B. 120

Status: Failed--Adjourned.

Establishes the Password Privacy Protection Act; prohibits an employer from requesting or requiring an employee or applicant to disclose any user name, password, or other means of accessing a personal on-line account or service; authorizes an employee to request such information from an employee who is using a electronic communications device paid for in whole or in part by the employer; prohibits discharging or disciplining an employee for same; prohibits certain actions by an employee.

H.B. 544

Status: Failed--Adjourned.

Prohibits employers from requiring current or prospective employees to provide specified information to gain access to the employee's account or profile on a social networking website.



H.B. 912

Status: Failed--Adjourned.

Prohibits an employer or educational institution from requiring or requesting certain persons to disclose their user name and password for a personal social media account.



Mississippi

S.B. 2347

Status: 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.



Montana

H.B. 343

Status: April 23, 2015, Signed by Governor, Chap. 23

Prohibits request of online passwords as a condition of hiring or employment; relates to labor and employment



New Hampshire

H.B. 142

Status: July 9, 2015; Became law without Governor's signature. Chapter 270.

Specifies permissible conduct by an educational institution regarding access to a student's social media account.



New York

A.B. 2891

Status: Pending

Protects the privacy of employees' and prospective employees' social media accounts.

A.B. 4388

Status: Pending

Prohibits an employer or educational institution from requesting or requiring that an employee, applicant or student disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices.



S.B. 3927

Status: Pending

Protects the privacy of employees' and prospective employees' social media accounts.



S.B. 4073

Status: Pending

Amends the General Business Law; establishes the New York State Online Privacy Protection and Internet Safety Act; establishes the New York State Online Accounts and Social Media Privacy Act; establishes the requirements for use and destruction of online personal and private information; includes definitions, requirements, specifications for minors, responsibilities, liability and enforcement.



Oklahoma

H.B. 1877

Status: Pending--Carryover.

Relates to labor; relates to employer access to online social media accounts of employees; provides exception; provides an effective date.



Oregon

S.B. 185

Status: June 2, 2015; Signed by Governor. Chapter 229

Establishes unlawful employment practice of employer requiring employee or applicant for employment to establish and maintain personal social media account or to authorize employer to advertise on personal social media account of employee or applicant.

South Dakota

S.B. 123

Status: Failed--Adjourned.

Prohibits an employer from requiring an employee or applicant to provide passwords to personal accounts.



Texas

H.B. 1777

Status: Failed--Adjourned.

Relates to prohibiting an employer from accessing the personal online accounts of employees and job applicants through electronic communication devices; establishes an unlawful employment practice.



Virginia

H.B. 2081

Status: March 23, 2015; Signed by Governor. Chapter 576.

Prohibits an employer from requiring, requesting, or causing a current or prospective employee to disclose the username and password to a the current or prospective employee's social media account; prohibits an employer from requiring an employee to add an employee, a supervisor, or an administrator to the list or contacts associated with the employee's social media account or changing the privacy settings.



West Virginia

H.B. 2712

Status: March 6, 2015. Failed - Adjourned.

Relates to employment and privacy protection.



Wyoming

S.B. 41

Status: Feb. 2, 2015; Failed--Adjourned

Relates to labor and employment; prohibits an employer from requesting or requiring access to a personal Internet account of an employee or prospective employee; prohibits an employer from taking adverse action against an employee or prospective employee for failing to disclose information to access a personal Internet account; provides exceptions; prohibits waiver of rights; provides for civil penalties; provides a civil cause of action; provides a definition.

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