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.

In New Hampshire, social media privacy laws protect employees and job applicants from having to disclose their personal social media account information to their employers. Under these laws, employers are prohibited from requesting or requiring employees or applicants to provide usernames or passwords for their personal social media accounts. Additionally, employers cannot demand that employees access their social media accounts in the presence of the employer. New Hampshire law also protects employees from being penalized, disciplined, or terminated for refusing to disclose such information. However, these protections may not apply if an employer is conducting an investigation into allegations of employee misconduct, such as harassment on social media, or potential violations of laws and regulations, such as workplace safety issues communicated through social media. It is important to note that these privacy protections do not extend to electronic devices, such as phones, computers, or tablets, that are issued by the employer, for which the employer may require or request access credentials.