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Social Media: Privacy

Social media has been integrating itself into the workplace and this has led to conflicts within employees and employers. Particularly, Facebook has been seen as a popular platform for employers to investigate in order to learn more about potential employees. This conflict first started in Maryland when an employer requested and received an employee’s Facebook username and password. State lawmakers first introduced legislation in 2012 to prohibit employers from requesting passwords to personal social accounts in order to get a job or to keep a job. This led to Canada, Germany, the U.S. Congress and 11 U.S. states to pass or propose legislation that prevents employers’ access to private social accounts of employees.

Many Western European countries have already implemented laws that restrict the regulation of social media in the workplace. States including Arkansas, California, Colorado, Illinois, Maryland, Michigan, Nevada, New Jersey, New Mexico, Utah, Washington and Wisconsin have passed legislation that protects potential employees and current employees from employers that demand them to give forth their username or password for a social media account. Laws that forbid employers from disciplining an employee based on activity off the job on social media sites have also been put into act in states including California, Colorado, Connecticut, North Dakota and New York. Several states have similar laws that protect students in colleges and universities from having to grant access to their social media accounts. Eight states have passed the law that prohibits post secondary institutions from demanding social media login information from any prospective or current students and privacy legislation has been introduced or is pending in at least 36 states as of July 2013.

As of May 2014, legislation has been introduced and is in the process of pending in at least 28 states and has been enacted in Maine and Wisconsin. In addition, the National Labor Relations Board has been devoting a lot of their attention to attacking employer policies regarding social media that can discipline employees who seek to speak and post freely on social media sites.