Bloomberg Law: Privacy & Data Security brings you single-source access to the expertise of Bloomberg Law’s privacy and data security editorial team, contributing practitioners,...
SACRAMENTO, Calif.--Gov. Jerry Brown (D) Sept. 27 signed bills limiting employers (A.B. 1844) and post-secondary schools (S.B. 1349) from asking employees and students for social media account information.
The new laws take effect Jan. 1, 2013.
A.B. 1844 prohibits employers from requiring or requesting user names, passwords, or other social media account information from employees or job applicants. Employers cannot fire or discipline an employee who refuses to divulge the information. The new law still allows employers to request social media account information if it is relevant to an investigation into workplace misconduct.
S.B. 1349 prohibits post-secondary institutions from requiring or requesting social media account information from employees, existing or prospective students, or student groups. The law does not apply to an educational institution's right to investigate or punish student misconduct.
“The practice of employers or colleges demanding social media passwords is entirely unnecessary and completely unrelated to someone's performance or abilities,” Sen. Leland Yee (D), the sponsor of S.B. 1349, said in a statement. “Today, California has declared that this is an unacceptable invasion of personal privacy.”
In a separate statement, Assemblywoman Nora Campos (D), the sponsor of A.B. 1844, said that “[a]s a society we do not expect to have to disclose personal information that is not related to employment in order to get a job or keep a job.”
California “is pioneering the social media revolution and these laws will protect all Californians from unwarranted invasions of their personal social media accounts,” Brown said in a legislative update statement announcing his signing of the bills.
California is now the third state to regulate employer access to social media accounts. The first was Maryland (11 PVLR 752, 5/7/12), and the second was Illinois (11 PVLR 1240, 8/6/12). It is the second state after Delaware to limit post-secondary school access to the social media accounts and passwords of students and prospective students (11 PVLR 1240, 8/6/12).
Social media privacy bills have passed one chamber in the Michigan Legislature (11 PVLR 1446, 9/24/12) and one chamber in New Jersey (11 PVLR 1077, 7/2/12).
A.B. 1844, as presented to the governor, is available at http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1801-1850/ab_1844_bill_20120911_enrolled.pdf.
S.B. 1349, as presented to the governor, is available at http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1301-1350/sb_1349_bill_20120822_enrolled.pdf.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)