New Mexico recently became the latest state to enact legislation barring post-secondary education institutions from demanding that current and prospective students turn over their passwords and other social media account information.

New Mexico's governor April 5 signed S.B. 422, which states, "It is unlawful for a public or private institution of post-secondary education to request or require a student, applicant or potential applicant for admission to provide a password to gain access to the student's, applicant's or potential applicant's account or profile on a social networking web site or to demand access in any manner to a student's, applicant's or potential applicant's account or profile on a social networking web site."

In considering its law, New Mexico's legislative education study committee cited a Kaplan higher education survey report that showed an increasing number of colleges and universities are using social networking sites to learn more about applicants. In 2012, 27 percent of admissions officers had visited applicants' social networking profiles, up from 10 percent in 2008. The Kaplan survey also found that 15 percent of graduate school admissions officers had visited social networking pages of applicants, and 36 percent of law school admissions officers had done so.

Arkansas (H.B. 1901), Kansas (H.B. 2094), North Carolina (H.B. 846), Oregon (H.B. 2654), and Texas (H.B. 451) have similar laws pending, while Utah, Michigan, Delaware, and California already have laws in place or pending codification.

About 35 states have already enacted or are contemplating bills protecting employees from employers' demands for passwords and other information relating to social media accounts. Fewer states so far have prevented schools from asking students for their logins, but the trend is growing, due apparently to concerns over student and applicant privacy.

Some states have even proposed laws to protect the social media and other internet postings of elementary and secondary school students. Illinois (H.B. 0064), Iowa (H.F. 127), Maine (H.P. 838/L.D. 1194), Maryland (H.B. 1332/S.B. 838), and Minnesota (H.F. 1077) would define educational institutions in their statutes broadly enough to cover elementary and high schools.

Bills addressed to elementary and secondary students could provide less protection than those intended for college students. Illinois H.B. 0064, passed in both houses May 9, for example, would severely limit higher education institutions from demanding students' internet account information, but it would merely require elementary or secondary schools to provide notification to students and parents that it may ask students to provide a password or other related account information if the school has reasonable cause to believe that the student's account contains evidence that the student has violated a school disciplinary rule or policy.

But other states' proposed laws would provide no such leeway for schools to examine social media accounts. Iowa's H.F. 127, for example, would prohibit "a public or nonpublic elementary, secondary, or postsecondary school" from requesting information that allows access to a student's accounts or expelling, disciplining, or penalizing a student for failing to provide such information.

Copyright 2013, The Bureau of National Affairs, Inc.