Tennessee Enacts Social Media Password Protection Law | Practical Law

Tennessee Enacts Social Media Password Protection Law | Practical Law

Tennessee recently enacted a social media password protection law. The Employee Online Privacy Act of 2014 (S.B. 1808) was signed by Tennessee Governor Bill Haslam on April 29, 2014. The new law becomes effective January 1, 2015.

Tennessee Enacts Social Media Password Protection Law

Practical Law Legal Update 0-568-3346 (Approx. 6 pages)

Tennessee Enacts Social Media Password Protection Law

by Practical Law Labor & Employment
Published on 15 May 2014 • Tennessee
Tennessee recently enacted a social media password protection law. The Employee Online Privacy Act of 2014 (S.B. 1808) was signed by Tennessee Governor Bill Haslam on April 29, 2014. The new law becomes effective January 1, 2015.
On April 29, 2014, Tennessee Governor Bill Haslam signed Tennessee's social media password protection law. The Employee Online Privacy Act of 2014 (S.B. 1808) becomes effective January 1, 2015.
Specifically, the new law, which applies to employers with one or more employees, prohibits an employer from:
  • Requesting or requiring that applicants or employees:
    • disclose their passwords for personal internet accounts;
    • add the employer to their list of contacts associated with the personal internet account (for example by accepting a Facebook friend request); or
    • permit the employer to observe their restricted online content after they have accessed an online account (for example by viewing over their shoulder).
  • Taking adverse action against employees who refuse access to personal online accounts under S.B. 1808. Adverse action is broadly defined to include discharge, threats to or discrimination of an employee so as to affect the employee's employment, for example their:
    • compensation;
    • terms or conditions;
    • location;
    • rights;
    • immunities;
    • promotions; or
    • privileges.
S.B. 1808 defines "personal internet account" broadly to include any electronic medium or service where users may create, share or view content, including:
  • Emails.
  • Messages.
  • Instant messages.
  • Text messages.
  • Blogs.
  • Podcasts.
  • Photographs.
  • Videos.
  • User-created profiles.
Excluded from the new law are:
  • Accounts created, maintained, used or accessed by an employee or applicant for business-related communications or for a business purpose of the employer.
  • Any electronic device, account or service provided or paid for by the employer.
  • Disclosure of content for the purpose of workplace investigations.
  • Monitoring of employee accounts by financial services companies to comply with applicable securities regulations.
S.B. 1808 does not provide a private right of action for employees and does not provide a mechanism for administrative enforcement.