Employee Access to Social Media Passwords & Usernames

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1 Employee Social Media Passwords & Usernames WA MT ND VT ME CA OR NV ID UT WY CO SD NE KS MN IA MO WI IL MI OH IN KY WV PA VA NY DE MD NH MA RI CT NJ TN NC AZ NM OK AR SC MS AL GA Legislation Enacted TX LA Legislation Proposed HI FL No Legislation Pending or Passed

2 Employer Social Media Passwords Usernames A by Comparison of Laws Passed s Pending as of 2/27/2013 notes legislation enacted. applicant from disclosing their social media user names passwords. AZ SB 1411 Yes No Yes No Yes Yes CA AB 1844 Yes No No Yes Yes Yes CA SB 1349 No Yes No Yes No No CA AB 25 Yes No Yes Yes Yes Yes Non- schools must post social media privacy policy on the web. Passed Passed Chapter 618 Chapter 619 Source: National Conference on Legislatures Page 1 of 9

3 Employer Social Media Passwords Usernames A by Comparison of Laws Passed s Pending as of 2/27/2013 applicant from disclosing their social media user names passwords. CO HB 1046 Yes No Yes No. Yes Yes CT H.B Yes CT SB 159 Yes May investigate for securities compliance or to address unauthorized downloading. Attorneys Fees permitted. Source: National Conference on Legislatures Page 2 of 9

4 Employer Social Media Passwords Usernames A by Comparison of Laws Passed s Pending as of 2/27/2013 applicant from disclosing their social media user names passwords. DE HB 309 No Yes No Yes No No No use of friends to access students social media no remote tracking. May not require student to friend representative of school. Passed Chapter 354 GA HB 117 Yes No Yes Yes Yes Yes GA HB 149 Yes No Yes No Yes Yes Permits use of information in domain. Attorney's fees permitted. Source: National Conference on Legislatures Page 3 of 9

5 Employer Social Media Passwords Usernames A by Comparison of Laws Passed s Pending as of 2/27/2013 applicant from disclosing their social media user names passwords. HI HB 713 Yes No Yes Yes Yes Yes HI HB 1023 Yes Yes Yes Yes Yes Yes Permits use of information in domain. Introduced HI SB 207 Yes No Yes Yes Yes Yes Voted do pass from IL HB 3782 Yes No No No Yes Yes Passed Public Act IL HB 64 No Yes No No Yes No Would add protection for students IL HB 1047 Yes No No Yes Yes Yes Source: National Conference on Legislatures Page 4 of 9

6 Employer Social Media Passwords Usernames A by Comparison of Laws Passed s Pending as of 2/27/2013 applicant from disclosing their social media user names passwords. IA HF 127 Yes Yes Yes Yes Yes Yes KS SB 53 Yes Yes Yes Yes Yes Yes KS HB 2092 MD HB 964 / SB 433 Yes MD SB 838 No Yes No Yes Yes Yes Aggrieved may seek only $1,000 for a violation plus attorney's fees. Passed ME LR 20 Yes Introduced ME LR 1011 Yes Introduced MA HD 503 Yes Introduced Chapter 232/233 Source: National Conference on Legislatures Page 5 of 9

7 Employer Social Media Passwords Usernames A by Comparison of Laws Passed s Pending as of 2/27/2013 applicant from disclosing their social media user names passwords. 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 Requires a dem on the violator before suit can be filed. Damages of $5,000 for violation. Passed Died in MO HB 115 Yes No No No Yes No Introduced MO SB 164 Yes No Yes No Yes No Independent Contractors Introduced Public Act 478 Source: National Conference on Legislatures Page 6 of 9

8 Employer Social Media Passwords Usernames A by Comparison of Laws Passed s Pending as of 2/27/2013 applicant from disclosing their social media user names passwords. MT SB 195 Yes No No No Yes Yes Can't require applicant or employee to change privacy settings or force friending. Voted do pass from 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 Yes using friends for access. Provides for attorney's fees. Passed Chapter 75 Source: National Conference on Legislatures Page 7 of 9

9 Employer Social Media Passwords Usernames A by Comparison of Laws Passed s Pending as of 2/27/2013 applicant from disclosing their social media user names passwords. 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 accessing via a friend. forced friending. Passed in House; Sent to Senate Introduced OR SB 344 Yes No No Yes No No Introduced OR SB 499 Yes No No Yes Yes Yes forced Introduced friending. RI HB 5255 Yes Yes Source: National Conference on Legislatures Page 8 of 9

10 Employer Social Media Passwords Usernames A by Comparison of Laws Passed s Pending as of 2/27/2013 applicant from disclosing their social media user names passwords. TX HB 318 Yes No No Arguably No No Permits use of information in domain. Introduced TX HB 451 Yes Yes Yes Arguably No No Introduced TX SB 118 Yes No No No No No Introduced 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 Permits use of information in domain. forced friending. Violation warrants $500 penalty attorney's fees. Introduced Source: National Conference on Legislatures Page 9 of 9

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