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Rhode Island Enacts Social Media Privacy Law
Practical Law Legal Update 3-576-9305 (Approx. 7 pages)
Rhode Island Enacts Social Media Privacy Law
by Practical Law Labor & Employment
| Published on 04 Aug 2014 • Rhode Island |
Rhode Island Governor Lincoln D. Chafee recently signed the 2014 Student and Employee Social Media Privacy Act (2014-S 2095Aaa and 2014-H 7124Aaa) prohibiting employers from demanding social media-related information from job applicants.
On June 30, 2014, Rhode Island Governor Lincoln D. Chafee signed into law the 2014 Student and Employee Social Media Privacy Act (2014-S 2095Aaa and 2014-H 7124Aaa), prohibiting schools and employers from demanding social media-related information from job applicants.
Under the new legislation, employers may not:
- Require, request, suggest or cause an employee or applicant to disclose personal social media information.
- Compel an applicant to add anyone, including the employer or agent, to the applicant’s list of contacts associated with the social media account.
- Discharge, discipline or otherwise penalize any employee for refusing to divulge social media information.
The new law does not:
- Apply to publicly available information about an applicant or employee.
- Prohibit or restrict an employer from complying with a duty established by a self-regulatory organization or under law or regulation to screen employees or applicants before hiring or to monitor or retain employee communications to the extent necessary to supervise communications of regulated financial institutions insurance or securities licensees for banking insurance or securities related business purposes.
In addition to punitive and actual damages, any civil action alleging a violation of those provisions could also result in injunctive relief against the employer.
The new law became effective immediately.