New Mexico Law Bars Employers from Requesting Login Information for Prospective Employees' Social Media Accounts | Practical Law

New Mexico Law Bars Employers from Requesting Login Information for Prospective Employees' Social Media Accounts | Practical Law

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.

New Mexico Law Bars Employers from Requesting Login Information for Prospective Employees' Social Media Accounts

by PLC Labor & Employment
Published on 15 Apr 2013 • New Mexico
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.
For more information on state legislation addressing employer access to current and prospective employees' social media accounts, see Practice Note, Employer Access to Social Media Accounts State Laws: Overview.