States protect employees' social media privacy

(MoneyWatch) Are you ready to hand over your Facebook username and password to your boss? What about Twitter and LinkedIn? That's the scenario that has been facing some people as they interview for jobs or approach their annual reviews.

On one level, it's understandable that employers might want to know more about their employees' social media habits, and getting access to their accounts is certainly one way to know what's in there. On the other hand, it's hard to see this as anything other than an absolutely unprecedented invasion of privacy. Where does the law land on this debate?

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A few landmark pieces of legislation have already started to define the legal terrain, and it's clear which direction states are headed -- they are beginning to side with employees. Six states have now outlawed employer efforts to coerce employees into turning over social media account information. In addition to Delaware, Maryland, Michigan and New Jersey, states that already had such laws on the books, Illinois and California now have similar legislation that kicked in as of January 1.

While the laws prohibit employers from asking employees for log-in information, note that there's nothing wrong with employers from reviewing publicly available data on the Internet, such as browsing someone's Facebook page or Twitter feed. And it's still possible, of course, for employers to discipline or fire employees for violating corporate policies in social media.

Have you ever been asked to provide social media log-in information to an employer? Would you, as a condition of employment? Sound off in the comments.

[nonymousm]

Maybe I'm stating the obvious here, but facebook and linkedin "account information" is merely the persons name. Lack of privacy should be assumed on both of these networks. Most people would willingly friend their boss or at the very least a few coworkers opening up their personal life to their work network. Linkedin makes someones entire employment and education history publicly available. Making it illegal for employers to demand this information is an empty gesture.

[Osprey4]

There was last year a survey on LinkedIn which found that there was a grand total of ZERO people who'd been asked to provide FB passwords by prospective employers. So our great state legislators have solved yet another problem that never existed.

Amazing how one or two internet stories led to so much political puffery.