On March 23, 2015, Virginia Governor Terry McAuliffe signed into law a bill that will prohibit Virginia employers from requiring, requesting, or causing a current or prospective employee to disclose the username and password of that individual's social media account.
The law, set to become effective on July 1, 2015, also prohibits an employer from requiring an employee to add another employee, supervisor, or an administrator to the list or contacts associated with that individual's social media account.
Note that the new law does not restrict an employer from obtaining information that is in the pubic domain, conducting investigations, or complying with the requirements of a state/federal statutes, rules or regulations, caselaw, or other rules/regulations of self regulatory agencies. In those instances, the employee's username and password can only be used for the purpose of a formal investigation or related proceeding.
With the signing into law of this new social media bill, Virginia becomes the 19th state to implement workplace social media password privacy laws.
For additional information on the new law, follow the link: lis.virginia.gov/cgi-bin/legp604.exe?151+ful+HB2081ER+pdf
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