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, Pennsylvania does not have a specific social media privacy law that prohibits employers from requesting or requiring employees or job applicants to disclose usernames or passwords for personal social media accounts. However, employees and job applicants in Pennsylvania are still protected under general privacy laws and federal laws such as the Stored Communications Act and the Computer Fraud and Abuse Act, which provide certain protections against unauthorized access to electronic information. Employers in Pennsylvania should be cautious and consult with an attorney before attempting to access an employee's or applicant's private social media content, as doing so without consent could potentially lead to legal issues. It's important to note that while Pennsylvania may not have specific social media privacy statutes, the landscape of employment law is continually evolving, and employers should stay informed about any changes to state laws that may affect their practices.