Bill would let employees keep Facebook passwords to themselves

LINCOLN ? A bill introduced Thursday would prohibit Nebraska employers from requiring employees or job applicants to turn over their social network passwords.

The Workplace Privacy Act, introduced by O'Neill Sen. Tyson Larson, also would prevent public or private employers from forcing employees to display their Facebook or Twitter pages so they could be inspected by the employer. Nor could the employer access an employee's social networking accounts through a friend or other third party.

Employers who violate the law could be sued by the affected employee or applicant under Legislative Bill 58.

California, Illinois, Maryland, and Michigan passed similar laws in 2012, according to the National Conference on State Legislatures. Two other states, New Jersey and Delaware, enacted legislation prohibiting educational institutions from snooping on social network sites of students or applicants.

Some employers in those states argued they needed access to employee accounts to protect proprietary information or trade secrets and to address liability issues, according to a conference report.

The Nebraska proposal attempts to address such concerns by saying the law would not limit an employer's right to investigate an employee for improperly downloading a company's proprietary information. And it wouldn't negate a employer's policy on the use of private social networking accounts at work.

Nor would the law apply to electronic devices or accounts employers provide to staff members for work purposes.

Contact the writer: 402-473-9587, joe.duggan@owh.com

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Source: http://www.omaha.com/article/20130110/NEWS/701119981

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