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 knowledge cutoff date in 2023, North Carolina does not have a specific state statute that addresses the issue of employer access to employee or applicant social media accounts. Unlike the states listed, North Carolina has not enacted legislation that explicitly prohibits employers from requesting or requiring usernames, passwords, or other access to personal social media accounts. However, employees and job applicants in North Carolina may still have some level of protection under general privacy laws and federal laws such as the Stored Communications Act or the Computer Fraud and Abuse Act. Employers in North Carolina should be cautious and consider the implications of general privacy rights and federal laws when dealing with employees' or applicants' personal social media accounts. It is advisable for employers to consult with an attorney to ensure compliance with all applicable laws and for employees or job applicants to seek legal advice if they believe their privacy rights have been violated.