New Mexico recently enacted the No Social Media Access for Employers Act (SB 371), which prohibits employers from requesting or requiring that a prospective employee provide a password or access to the prospective employee's social networking account.
On April 5, 2013, New Mexico Governor Susana Martinez signed into law the No Social Media Access for Employers Act (SB 371), which prohibits employers from requesting or requiring that a prospective employee provide a password or access to the prospective employee's social networking account. However, employers can still:
Maintain policies regarding work place internet, social networking and e-mail use.
Monitor use of electronic equipment and e-mail.
Obtain information about a prospective employee in the public domain.
Further, the law does not cover federal, state and local law enforcement agencies. New Mexico is the sixth state to enact a law prohibiting private employers from asking for access to social media accounts, joining Maryland, Illinois, California, Michigan and Utah. Unlike the other states, however, New Mexico's law is silent as to current employees.