With the recent rise in social media usage as 1.5 billion people are using Facebook, Goggle+, LinkedIn, MySpace, Twitter, and other social network sites to interact with others globally, California became the first state in 2012 to enact legislation that prohibits employers from requesting or requiring an employee or applicant to disclose one’s user name or password for a personal, social media account as well as the same type of protection for students at universities. On September 27, 2012, California’s Governor Jerry Brown used tweets to announce his signing of the identical bills. “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,” said Governor Brown’s tweet, according to his press release.  

After receiving reports about this employment practice, this privacy issue became one of national concern, when Senators Charles E. Schumer of New York and Richard Blumenthal of Connecticut, requested the Department of Justice to investigate whether employers’ requests for Facebook passwords were in violation of two federal laws known as the Stored Communications Act and the Computer Fraud and Abuse Act. In the New York Times article, a Facebook executive cautioned employers that a Facebook profile contains personal information such as gender, race, religion, and age, which are protected by federal employment laws.  “In an age where more and more of our personal information — and our private social interactions — are online, it is vital that all individuals be allowed to determine for themselves what personal information they want to make public and protect personal information from their would-be employers. This is especially important during the job-seeking process, when all the power is on one side of the fence,” said Senator Schumer in a statement.

Elsewhere in the country so far in 2012, 14 states have considered similar legislation according to Employer Access to Social Media Usernames and Passwords research from the National Conference of State Legislatures. Showing states’ progress to date, Maryland as of May 2012 and Illinois as of August 2012 passed and enacted laws restricting employers from requests of access personal, social network sites." Members of the workforce should not be punished for information their employers don’t legally have the right to have. As use of social media continues to expand, this new law will protect workers and their right to personal privacy," said Illinois Governor Pat Quinn. Whereas Delaware’s law as of July 2012, which prohibits public and nonpublic, academic institutions to mandate student or applicant disclosures, similar legislation was under consideration in Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, Ohio, Pennsylvania, South Carolina, and Washington but were not completed before the year’s session ended. The restriction does not apply to passwords or information used on employer-issued electronic devices. Protecting privacy on social media networks is easy to do as seen on Social Media Management: Protect Your Privacy from Zone Alarm, a consumer internet security company. This infographic is a user friendly set of graphics designed as a step-by-step guide.                                                                                                Susanne L Woodford, Freelance Writer