Utah, New Mexico, and Arkansas Pass Social Media Legislation Restricting Employer Access to Personal Social Media Accounts

Social media legislation restricting access to personal social media accounts has been a hot topic in recent months, and as 2013 progresses, more and more states seem poised to pass such legislation.  Here’s a roundup of some of the more recent social media legislation passed in Utah, New Mexico, and Arkansas:

Utah

With the passage of the Internet Employment Privacy Act (IEPA) last month, Utah became the fifth state in the country to pass legislation restricting employers’ access to their employees’ social media accounts.  Under the terms of the legislation, neither public nor private employers can “ask an employee or job applicant to disclose a username and password or a password that allows access to the employee’s or applicant’s personal Internet account” or retaliate against an employee or job applicant who fails to disclose such information.  However, employers can still request the disclosure of account information to gain access to the employer’s “electronic communications device, account or service.”  Employers can also investigate employee misconduct involving an employee’s personal email account, restrict or prohibit access to certain website on the employer’s devices or networks, and block certain access and communications on the employer’s device or network.  Employers are also still entitled to screen employees and job applicants.  The law also provides penalties for failure to comply: employees and job applicants are entitled to up to $500 in damages from employers for violations of the law.

To read this blog post click here