Many states have enacted social media privacy laws (statutes) that prohibit an employer from requesting or requiring an employee or job applicant to disclose their username or password on any personal social media account—or requesting or requiring the employee access the social media account in the presence of the employer. These laws often also prohibit an employer from penalizing, disciplining, or terminating/discharging an employee for refusing to disclose such information.
Social media privacy laws vary from state to state and may not apply if the employer is investigating an allegation of employee misconduct (harassing another employee on social media) or a violation of laws and regulations (communications on social media about workplace safety violations). And an employer may require or request an employee disclose a username, password, or other means of accessing an electronic device (phone, computer, tablet) issued by the employer.
States with specific social media privacy laws for the workplace include:
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Illinois
• Louisiana
• Maine
• Maryland
• Michigan
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Oregon
• Rhode Island
• Tennessee
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
In states without specific social media privacy laws for the workplace, other general privacy laws may apply.
As of the current knowledge cutoff in 2023, Arizona does not have a specific social media privacy law that addresses the issue of employers requesting or requiring access to employees' or job applicants' personal social media accounts. However, employees and job applicants in Arizona are still subject to federal laws and potentially other state laws that protect personal information and privacy. In the absence of specific social media privacy statutes, general privacy laws and principles, as well as federal laws such as the Stored Communications Act and the Computer Fraud and Abuse Act, may offer some level of protection against employer intrusions into personal social media accounts. It's important for both employers and employees in Arizona to be aware of the legal boundaries regarding privacy and to consult with an attorney for guidance on how federal or general state privacy laws may apply to specific situations involving social media and the workplace.