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New Md. Law May Be First in Country Banning Employers From Seeking Workers’ Social Media Passwords

Posted Apr 10, 2012 4:12 PM CDT
By Martha Neil

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In what could be the first such law in the country, Maryland has enacted a bill that would prohibit employers from demanding personal passwords to social media sites such as Facebook from job applicants and workers.

State lawmakers last week almost unanimously approved making such information private, in response to reports that a growing number of employers are seeking access to individuals' personal social media accounts to gather information for job-related decision-making, Raycom News Network reports.

The bill will take effect as law after it is signed into law by the state governor, the Gazette reports.

The American Civil Liberties Union of Maryland favored the new measure. The state Chamber of Commerce opposed it.

While no one wants others to read private messages, the chamber had hoped lawmakers would recognize that there may be legitimate reason for employers to review social media sites, said lawyer and employment practitioner Elizabeth Torphy-Donzella of Shawe Rosenthal. Her Baltimore-based law firm represents the chamber.

Similar legislation is being pursued in California and Illinois and in Congress, the Baltimore Sun reports.

The Washington Post's Capitol Business Blog says Michigan also is considering such a law.

Related coverage:

ABAJournal.com: "Facebook, US Senators Say Employers Who Seek Job Applicants’ Passwords Could Be Violating the Law"

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