Virginia Limits Access to Social Media Accounts of Employees and Applicants | Practical Law

Virginia Limits Access to Social Media Accounts of Employees and Applicants | Practical Law

Virginia Governor Terry McAuliffe recently signed H.B. 2081 into law, limiting an employer's access to the social media accounts of its employees and job applicants.

Virginia Limits Access to Social Media Accounts of Employees and Applicants

Practical Law Legal Update 4-608-1045 (Approx. 7 pages)

Virginia Limits Access to Social Media Accounts of Employees and Applicants

by Practical Law Labor & Employment
Published on 13 Apr 2015 • Virginia
Virginia Governor Terry McAuliffe recently signed H.B. 2081 into law, limiting an employer's access to the social media accounts of its employees and job applicants.
On March 23, 2015, Virginia Governor Terry McAuliffe signed H.B. 2081 into law, limiting an employer's access to the social media accounts of its employees and job applicants. Under the law, an employer is prohibited from:
  • Requiring employees or applicants to disclose usernames and passwords for their personal social media accounts.
  • Forcing employees or applicants to add the employer or fellow employees to their contact lists for personal social media accounts.
  • Disciplining, or threatening to discipline, any employee in retaliation for the employee's refusal to comply with a request that violates this law.
Social media accounts do not include accounts:
  • Opened by an employee at the employer's request.
  • Provided by the employer, such as employer email accounts or software programs.
  • Set up by employees on behalf of the employer.
  • Set up by employees to impersonate the employer by using its name or information.
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 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 username and password. However, the employer cannot use the inadvertently acquired information to access the employee's social media accounts. The new law will take effect on July 1, 2015.