New Jersey lawmakers are closer to becoming the latest state to approve legislation aimed at reining in demands by employers or educational institutions for social media passwords or access. 

The New Jersey Assembly in June approved a pair of privacy bills that would limit the ability of employers and institutions of higher education to access the social media accounts of employees, job applicants, students, and prospective students. On Sept. 20, the state Senate Labor Committee unanimously approved both bills.

Under the proposed legislation, an employer or post-secondary school may not require that user names and passwords be disclosed or otherwise demand access to the account.

The employer-focused bill exempts coverage when there is a need to comply with federal or state law or enforce a workplace policy on a company-issued electronic communication device. Employer violations would be punished with a $1,000 fine for first offenders and $2,500 for each subsequent violation.

The bills largely track legislation considered in more than 12 states, which includes:

• Maryland's first-in-the-nation bill regulating employer access, taking effect Oct. 1;
• The Illinois Right to Privacy in the Workplace Act, effective Jan. 1, 2013;
• Delaware's Education Privacy Act, already in effect;
• A pair of bills in California affecting workplaces and higher education that is before the governor, who has until Sept. 30 to sign or veto the legislation;
• A bill in Michigan regulating employers and most educational institutions that passed the state's House of Representatives Sept. 12.

Copyright 2012, The Bureau of National Affairs, Inc.