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

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

Delaware Governor Jack Markell signed HB 109 into law, limiting an employer's access to the social media accounts of its employees and job applicants.

Delaware Limits Access to Social Media Accounts of Employees and Applicants

Practical Law Legal Update 8-618-1057 (Approx. 7 pages)

Delaware Limits Access to Social Media Accounts of Employees and Applicants

by Practical Law Labor & Employment
Published on 14 Aug 2015 • Delaware
Delaware Governor Jack Markell signed HB 109 into law, limiting an employer's access to the social media accounts of its employees and job applicants.
On August 7, 2015, Delaware Governor Jack Markell signed HB 109 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 an employee or job applicant to:
    • disclose his social media accounts' username or password;
    • access his social media accounts while in the employer's presence;
    • use personal social media as an employment condition;
    • divulge information contained on his social media accounts;
    • add, invite or accept an invitation to add any individual, including the employer, to the employee's personal social media account or to join a group associated with the employee's or applicant's personal account; or
    • change the privacy settings on a personal social media account to affect third-party access to the account's content.
  • Retaliating or taking adverse actions against employees for refusing to comply with an employer request that violates this law.
The new law does not prevent an employer from:
  • Requiring an employee to provide access to an electronic communication device provided by or paid for by the employer.
  • Requiring an employee to provide access to an account or service:
    • provided by the employer;
    • obtained by the employee through his relationship with the employer; or
    • used by the employer for business-related purposes.
  • Monitoring, accessing, reviewing or blocking electronic data stored on:
    • the employer's network; or
    • an electronic communication device provided or paid for by the employer.
The new law also does not prohibit an employer from:
  • Accessing information that is in the public domain.
  • Complying with:
    • pre-hiring screening requirements; or
    • its rights and obligations to require or request an employee to provide social media access information believed to be relevant to an investigation of allegations of the employee's misconduct or violation of laws or regulations.
Delaware's law became effective immediately.