Social Media Access Law Takes Effect

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 On March 12, 2024, the Social Media Law was effective--addressing employer access to employees' and applicants' “personal accounts,” defined as “an account or profile on an electronic medium where uses may create, share, and view user-generated content, including uploading or downloading videos or still photographs, blogs, video blogs, podcasts, instant messages, or internet website profiles or locations that are used by an employee or applicant exclusively for personal purposes.”

Specifically, the law makes it unlawful for any employer to request, require, or coerce any employee to:

  • disclose any username and password, password, or other authentication information for accessing a personal account through an electronic communications device (defined as “any device that uses electronic signals to create, transmit, and receive information, including, but not limited to computers, telephones, personal digital assistants and other similar devices”);

  • access the employee’s or applicant’s personal account in the presence of the employer; or

  • reproduce in any manner photographs, video, or other information contained within a personal account obtained by the means prohibited under the law.

Additionally, for purposes of the law, the term “access” does not include an employee or applicant voluntarily adding an employer, agent of the employer, or employment agency to their list of contacts associated with a personal internet account.

Source(s): Proskauer, received on April 1, 2024