New Hampshire Limits Access to Employees' Social Media Accounts | Practical Law

New Hampshire Limits Access to Employees' Social Media Accounts | Practical Law

New Hampshire Governor Maggie Hassan recently signed H.B. 1407 into law, limiting an employer's access to the social media and email accounts of its employees and job applicants.

New Hampshire Limits Access to Employees' Social Media Accounts

Practical Law Legal Update 2-578-1949 (Approx. 6 pages)

New Hampshire Limits Access to Employees' Social Media Accounts

by Practical Law Labor & Employment
Published on 14 Aug 2014 • New Hampshire
New Hampshire Governor Maggie Hassan recently signed H.B. 1407 into law, limiting an employer's access to the social media and email accounts of its employees and job applicants.
On August 1, 2014, New Hampshire Governor Maggie Hassan signed a new law, H.B. 1407, which limits an employer's access to the social media and email accounts of its employees and job applicants. Under the law, an employer is prohibited from:
  • Requiring employees or applicants to disclose passwords for their personal social media accounts.
  • Forcing employees or applicants to add the employer to their contact lists for personal social media or email accounts.
  • Compelling employees or applicants to lower the privacy settings of their personal social media or email accounts to allow a third party to view its contents.
  • Disciplining, or threatening to discipline, any employee in retaliation for the employee's refusal to comply with a request that violates this law.
The new law does not prohibit an employer from:
  • Obtaining information about an employee or job applicant that is in the public domain.
  • Conducting an investigation.
  • Complying with state and federal rules.
In addition, the new law does not limit an employer's right to:
  • Adopt and enforce lawful workplace policies governing the use of its electronic equipment, including policies about the use of the internet, social networking sites and email.
  • Monitor usage of the employer's electronic equipment and email.
  • Request or require an employee to disclose log-in information for access to:
    • an account or service provided by virtue of the employee's employment relationship with the employer; or
    • an electronic communication device or online account paid for or supplied by the employer.
An employer is not liable for inadvertent receipt of an employee's password or authentication information. However, the employer cannot use the inadvertently acquired information to access the employee's personal accounts.
Employers that violate the new law may be subject to civil penalty.
The new law will take effect on September 30, 2014.