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, Kentucky does not have a specific social media privacy law that governs the workplace. Unlike the states listed, which have enacted statutes to protect employees' and job applicants' personal social media accounts from employer intrusion, Kentucky has not passed similar legislation. In the absence of such specific laws, employees and employers in Kentucky must rely on general privacy laws and federal regulations to address issues related to social media privacy in the workplace. It is important for both employers and employees in Kentucky to be aware that while there is no state statute explicitly addressing social media privacy in the employment context, general principles of privacy and employment law, as well as federal laws such as the Stored Communications Act, may still provide some level of protection against improper access to personal social media accounts.