Many people have some type of social media presence these days. Employers know that and often take advantage of it when possible – particularly when hiring or promoting employees.
When people don’t use privacy settings, their posts are accessible to anyone who wants to look for them. Unfortunately, some employers have required prospective or current employees to give them access to their personal social media accounts.
What does New York law say?
This year, New York enacted a law that prohibits employers from requiring applicants or employees to do any of the following:
- Disclose any kind of log-in information (like usernames and passwords) to give them access to their personal social media accounts
- Access their accounts for them so they can look at them
- Reproduce content from their accounts for them
- Retaliate against those who don’t provide the requested information
There are some exceptions, but these typically involve times when the employer’s interests might be at risk.
What about “nonpersonal accounts?”
The law doesn’t apply to “nonpersonal accounts” that are used for business purposes. However, employers must provide prior notice that they have the right to access these accounts – for example, in an employment agreement.
It’s always wise to think before you post anything online. Even if you have strict privacy settings, you can never guarantee that people you don’t want to see the posts won’t see them.
You also can’t guarantee that all employers will know or follow the law. However, it’s always important to know your rights and to effectively assert them. If that doesn’t work, it may be necessary to get legal guidance.
