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Louisiana Enacts Social Media Password Protection Law
Practical Law Legal Update 5-569-6247 (Approx. 8 pages)
Louisiana Enacts Social Media Password Protection Law
by Practical Law Labor & Employment
| Published on 28 May 2014 • Louisiana |
Louisiana recently enacted a social media password protection law. The Personal Online Account Privacy Protection Act (HB340) was signed by Louisiana Governor Bobby Jindal on May 22, 2014. The new law becomes effective immediately.
On May 22, 2014, Louisiana Governor Bobby Jindal signed Louisiana's social media password protection law. The Personal Online Account Privacy Protection Act (HB340) becomes effective immediately.
Specifically, the new law, which applies to virtually all private and state or local government employers doing business in Louisiana, regardless of size, prohibits employers from:
- Requesting or requiring employees or applicants to disclose their username, password or other authentication information to gain access to personal online accounts.
- Retaliating against an employee or applicant who fails to disclose that information, for example by:
- discharging;
- disciplining;
- failing to hire; or
- otherwise penalizing or threatening to penalize the employee.
HB340 does not create a duty for an employer to search or monitor the activity of an employee’s personal online account.
HB340 defines a personal online account as an account used exclusively for personal communications unrelated to any business purpose of the employer or educational institution. The definition does not include accounts that the employer:
- Created.
- Services.
- Uses for business or educational purposes.
Under the new law an employer may still:
- View or access information about an employee available in the public domain.
- Obtain an applicant’s or employee’s email address.
- Request or require access to:
- an electronic communication device the employer pays for or supplies;
- an account or service the employee obtained because of the relationship with the employer; or
- an account or service used for the employer’s business purposes.
- Discipline or discharge an employee for sending confidential or proprietary information or financial data to a personal online account without permission.
- Conduct or require cooperation in an investigation:
- where there is specific related information on an employee’s personal online account;
- to ensure compliance with applicable laws, regulations or prohibitions; or
- where the employer has specific information about an unauthorized transfer of proprietary, confidential or financial information to a personal online account.
- Restrict or ban access to certain websites while using an employer-supplied electronic communications device.
- Screen applicants or monitor or retain employee communications under applicable laws, rules or regulations.
An employer will not be liable if:
- It inadvertently obtains an employee’s or applicant’s authentication information using a device or program that monitors an employer-provided network or device. However, an employer may not use this information to access the employee’s personal online account.
- An employee or applicant voluntarily self-discloses.
HB340 does not provide for:
- Any penalty against the employer for violation.
- A private right of action for the individual.