The Legislative Response to Employers’ Requests for Password Disclosure

Abstract

As often happens when a new societal problem emerges, there has been a quick legislative response. A dozen states have already passed legislation prohibiting an employer from requesting or requiring an employee or a prospective employee from disclosing password information that would provide access to one’s personal social media account. This article will explore the incidents that led to this response and will compare the various approaches taken by these twelve states and by bills proposed in twenty-seven other states and the federal government.

Keywords: Employment law, privacy, social media

JEL Classification: K31, K39