Social Media Passwords Safe: California Bans Employer Snooping In Email and Facebook Accounts

Workers in California now have more online privacy protection from nosy employers.

California governor Jerry Brown signed two bills into law on Thursday. The first bill prevents employers from asking for or demanding passwords for email accounts or social media profiles like Facebook or Twitter from their employees.

While a rare occurrence, some companies have asked for passwords from current employees, and requested the information on job applications from prospective hires. Those who didn't turn over their passwords sometimes faced discriminatory action or were fired.

The second bill bans California schools and universities from asking for similar information from their students. Student athletes have been targeted by school administrators looking for evidence of illicit activity.

While students are usually savvy enough to make any incriminating photos private, school officials have been demanding passwords to get around those privacy protections.

Brown announced the signings on Twitter, Facebook, Google+, LinkedIn and MySpace. In a statement released afterward, Brown said, "The Golden State is pioneering the social media revolution and these laws will protect all Californians from unwarranted invasions of their personal social media accounts."

The employer-focused bill was sponsored by Nora Campos, a Democratic assemblywoman from San Jose. San Francisco Democrat Leland Yee sponsored the school bill.

Both bills take effect Jan. 1.

The governor's office made it clear that the bans only apply to unreasonable investigations. "Nothing in its language is intended to infringe on employers' existing rights and obligations to investigate workplace misconduct," said a statement. The same goes for schools: "It stipulates that this prohibition does not affect the institution's right to investigate or punish student misconduct."

Maryland and Illinois also enacted similar bans earlier this year. In April, two Democrats introduced a bill in the House of Representatives that would have the same effect nationwide.

The bill instituted a $10,000 penalty for employers who violated the ban, though the bill ultimately failed to pass.

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