Lawyers: Employers' Social Media Privacy Policies 'Ripe for Liability'
Employers can mitigate litigation risk by reviewing their social media privacy policies and ensuring that they comply with state laws, Hinckley Allen attorneys Lisa Zaccardelli and Janelle Pelli blogged Tuesday.
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One “area ripe for liability is employers’ policies on ... access to employees’ private social media accounts,” the lawyers said. “Employees are increasingly fluent in social media, and many turn to posting about their workplaces online. It is a good idea to have policies about employees’ social media conduct, and in creating those policies, employers should familiarize themselves with their state’s laws, which may limit employers’ access to employees’ social media.”
For example, New York state has a labor law prohibiting “employers from requesting or requiring employees or applicants to disclose usernames, passwords, or other credentials to social media accounts that are used exclusively for personal purposes,” the lawyers said. Connecticut, Illinois, New Hampshire and Rhode Island have similar restrictions, they said.
“Other states, such as Massachusetts, do not have any such laws specifically banning employers from asking for social media access,” the attorneys said. “However, it may still be in the company’s best interest to implement policies geared at limiting their access to employees’ personal accounts.”