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Washington State recently enacted an interesting Bill that restricts an employer’s right to request social media passwords from their employees, effectively enhancing to some degree the protection of privacy in the private sector. The relevant, key features of the Bill are:
- An employer is restrict from (1) request passwords; (2) engaging in should-surfing; (3) requesting employees to change settings; (4) asking employees to add them as friends;
- The Bill uses the term “personal social networking account” to describe the application and scope of the Bill;
- In limited circumstances, employers are allowed to request information supporting an investigation but cannot request passwords;
- Employer supplied devices as well as platforms intended to facilitate work-related information exchange, collaboration, or communications by employees or other words are excluded;
- Importantly, the Bill recognizes a private right of action and authorizes a court to award $500 in statutory damages and attorney fees.
Also noteworthy is how the Bill deals with the question of media ownership, namely by excluding accounts that are “provided by virtue of the employee’s employment relationship with the employer .. [or] online account[s] paid for or supplied by the employer.”
The new Bill unquestionably represents a positive step for the State of Washington in ensuring greater trust and predictability for employees in a digital context, and should serve as an example to other jurisdictions.
Related articles
- States Rush to Ban Employers from Asking for Social Media Passwords (swampland.time.com)
- Bill to keep Washington employees’ Facebook passwords private heads to governor (oregonlive.com)
- Bipartisan bill seeks to protect social media privacy (lacrossetribune.com)
- Bipartisan bill seeks to protect social media privacy (host.madison.com)
- Bill would allow bosses to seek Facebook passwords (komonews.com)
- Bill Banning Employers From Asking Employees for E-Mail/Social Media Passwords Was Passed in Texas (libertycrier.com)
- Cyber Information Sharing and Protection Act Turned Down After Amendment to Prevent Employers Asking for Social Media Passwords is Added (americanlivewire.com)
- Cybersecurity Bill Allows Employers To Seize Employee Facebook Passwords… Wait, What? (abovethelaw.com)
- Bill would let your boss get your Facebook password (king5.com)
Image may be NSFW.
Clik here to view.
Image may be NSFW.Clik here to view.
