Password Protected - Proposed Social Media Privacy Legislation

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Sheppard Mullin Richter & Hampton

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Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the US, the firm’s clients include more than half of the Fortune 100.
The job market appears to be on an upswing, and with this upswing, and the advent of new technology, comes new challenges for employers and applicants alike.
United States Employment and HR

The job market appears to be on an upswing, and with this upswing, and the advent of new technology, comes new challenges for employers and applicants alike. Potential employees may have online identities that many employers deem useful when investigating a job applicant. However, privacy settings on many social media sites allow an applicant to hide his/her online persona from these potential employers. As a result, a new trend in applicant background investigating has surfaced: asking an applicant for his/her username and password to social media sites during the interview process.

In light of this recent trend, a handful of states have drafted legislation seeking to outlaw what some consider to be an invasion of privacy. Lawmakers in Illinois, Maryland, and California have proposed legislation that would prohibit employers from requiring that current or prospective employees provide or disclose any user names, passwords, or other ways of accessing a personal online account. State lawmakers from Connecticut and New Jersey are considering drafting similar legislation, as is the United States Senate.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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