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 Dakota 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, in states that do have such laws, they generally prohibit employers from asking for usernames, passwords, or to be present while an employee accesses their social media account. These laws also typically protect employees from retaliation if they refuse to provide this information. While North Dakota may not have specific statutes regarding social media privacy in the workplace, general privacy laws and principles, as well as federal laws such as the Stored Communications Act and the National Labor Relations Act, may offer some level of protection against employer overreach into personal social media accounts. Employers in North Dakota should still be cautious and consider the privacy implications when dealing with employees' or applicants' personal social media, and employees should be aware of their rights under applicable federal laws and general privacy protections.