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, Ohio has not enacted specific social media privacy laws that address the issue of employers requesting or requiring access to employees' or job applicants' personal social media accounts. However, employees and job applicants in Ohio are still protected under general privacy laws and federal laws that may apply to electronic communications and employment practices. In the absence of specific state statutes regarding social media privacy in the workplace, Ohio employers and employees must navigate the issue with consideration to general privacy principles and any relevant federal regulations. It is important for both employers and employees in Ohio to be aware of the legal landscape as it pertains to privacy rights and to seek guidance from an attorney if they have specific concerns or questions about social media privacy in the workplace.