Oregon the Latest State to Pass Social Networking Privacy Legislation; Vermont Establishes Committee to Study and Recommend Such Legislation

On May 22nd, Oregon enacted its own social networking privacy law, becoming the thirteenth state nationwide to do so.  The law aims to protect employee social-networking privacy by prohibiting their employers from requiring access to employees’ accounts. 

We previously blogged about similar legislation passed in Washington state, Utah, New Mexico, Arkansas, California, Illinois, and Maryland, among others. The new Oregon statute shares some of the same features.  Oregon employers are now prohibited from requiring employees and job applicants to (a) turn over account logins, or (b) allowing employer access to their accounts (i.e. by adding employer reps to their accounts, or opening accounts in the presence of employer reps).  Nor can employers discipline or retaliate against employees, or refuse to hire applicants, for invoking the law’s protection.  The law was made part of Oregon’s existing employment discrimination statutes, and thus allows the Attorney General’s office or aggrieved employees or applicants to sue employers for money damages, a minimum $200 penalty, punitive damages, injunctions, attorneys’ fees, reinstatement, back pay, and ‘other appropriate relief.’ 

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