The state of Maryland is the first to enact a media password law, signed by Gov. Martin O’Malley, on May 2, 2012. This new law prohibits employers from requesting the social media passwords or accessing the social media accounts of prospective and current employees.
This new state law takes effect Oct. 1, 2012, and bars employers from requesting or requiring that an employee or applicant for employment disclose any user name, password or other means to access a “personal account or service” through an electronic communications device.
The new law defines “electronic communications device” to mean “computers, telephones, personal digital assistants, and other similar devices.” The new law, however, allows employers to make such a password or username request to access “nonpersonal accounts or services that provide access to the employer’s internal computer or information systems.”
Employers “may not discharge, discipline or otherwise penalize or threaten to discharge, discipline or otherwise penalize” an employee or applicant for refusing to disclose any information covered by the law. Further, employers “may not fail or refuse to hire” any applicant because s/he refused to disclose any covered information.
Similar legislation is pending in California, Illinois, New York, Michigan, Minnesota, Missouri, South Carolina and Washington. In addition, Rep. Eliot Engel, D-N.Y., has introduced federal legislation—the Social Networking Online Protection Act—which would prohibit asking for the social media passwords of employees or applicants.
Reference: 5/3/2012, Joanne Deschenaux, J.D., SHRM.org.
