ACCESSING EMPLOYEES’ SOCIAL MEDIA
By Randall J. Andersen
December, 2014
By Randall J. Andersen
December, 2014
Disclaimer: The information contained on this page is not legal advice. The information provided on this website is for general informational purposes and is not necessarily updated to account for changes in the law. You should consult with an attorney for legal advice regarding your individual circumstances.
After Facebook and other forms of social media became popular, some employers started requesting access to social media accounts for job applicants and employees. In some cases, job applicants were required to provide login information and passwords for their social media accounts. The public outcry was negative and swift, and state legislatures across the country started adopting legislation to bar the practice.
Wisconsin joined the states which adopted a legislative response. On April 8, 2014, Governor Walker signed into law the Wisconsin Social Media Protection Act (“SMPA”).
The stated goal of the SMPA is to protect the privacy rights of individuals with their personal social media accounts. The law prohibits employers from requesting or requiring employees or job applicants to disclose passwords and other information necessary to access their personal social media accounts, or otherwise provide access to the employer to such accounts. The law also prevents employers from terminating, discriminating against or refusing to hire a job applicant for failure to provide access to the employee’s personal social media account. The SMPA also applies to educational institutions and landlords.
The SMPA does not prohibit an employer from viewing or accessing information that is available in the public domain. Employers can view social media which does not require a password or other security information that protects access to a personal internet account.
The SMPA contains a number of exceptions. For example, an employer can discipline or discharge an employee for transferring the employer’s proprietary or confidential information or financial data to the employee’s social media account without the employer’s consent. If the employer has reasonable cause to believe that a transfer of confidential information has occurred, the employer can require that the employee grant access to or allow observation of the employee’s social media account, but may not require that the employee disclose passwords or access information for the account.
Employers are also permitted to restrict or prohibit their employees from accessing certain internet sites while using computers and smart phones supplied by the employer or while using the employer’s network or other resources. Employers are permitted to adopt policies prohibiting their employees from viewing Facebook and other social media sites while on company time.
Wisconsin joined the states which adopted a legislative response. On April 8, 2014, Governor Walker signed into law the Wisconsin Social Media Protection Act (“SMPA”).
The stated goal of the SMPA is to protect the privacy rights of individuals with their personal social media accounts. The law prohibits employers from requesting or requiring employees or job applicants to disclose passwords and other information necessary to access their personal social media accounts, or otherwise provide access to the employer to such accounts. The law also prevents employers from terminating, discriminating against or refusing to hire a job applicant for failure to provide access to the employee’s personal social media account. The SMPA also applies to educational institutions and landlords.
The SMPA does not prohibit an employer from viewing or accessing information that is available in the public domain. Employers can view social media which does not require a password or other security information that protects access to a personal internet account.
The SMPA contains a number of exceptions. For example, an employer can discipline or discharge an employee for transferring the employer’s proprietary or confidential information or financial data to the employee’s social media account without the employer’s consent. If the employer has reasonable cause to believe that a transfer of confidential information has occurred, the employer can require that the employee grant access to or allow observation of the employee’s social media account, but may not require that the employee disclose passwords or access information for the account.
Employers are also permitted to restrict or prohibit their employees from accessing certain internet sites while using computers and smart phones supplied by the employer or while using the employer’s network or other resources. Employers are permitted to adopt policies prohibiting their employees from viewing Facebook and other social media sites while on company time.