Governor Brown Signs Laws to Protect Privacy for Social Media Users

Governor Edmund G. Brown Jr. today took to Twitter, Facebook, Google+, LinkedIn and MySpace to announce that he has signed two bills that increase privacy protections for social media users in California.
Assembly Bill 1844 (Campos) and Senate Bill 1349 (Yee) prohibit universities and employers from requiring that applicants give up their email or social media account passwords.
“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.
Assembly Bill 1844 by Nora Campos (D-San Jose) prohibits employers from demanding user names, passwords or any other information related to social media accounts from employees and job applicants. Employers are banned from discharging or disciplining employees who refuse to divulge such information under the terms of the bill. However, this restriction does not apply to passwords or other information used to access employer-issued electronic devices. The bill further stipulates that nothing in its language is intended to infringe on employers’ existing rights and obligations to investigate workplace misconduct.
Senate Bill 1349 by Leland Yee (D-San Francisco) establishes a similar privacy policy for postsecondary education students with respect to their use of social media. While the bill prohibits public and private institutions from requiring students, prospective students and student groups to disclose user names, passwords or other information about their use of social media, it stipulates that this prohibition does not affect the institution’s right to investigate or punish student misconduct.
Proponents of Assembly Bill 1844 say this is a common-sense measure that will bring clarity to a murky area of employment law and stop business practices that impede employment. Senate Bill 1349, which passed without opposition in the Legislature, is designed to stop a growing trend of colleges and universities snooping into student social media accounts, particularly those of student athletes.
For more information on the bills, visit: http://leginfo.legislature.ca.gov/faces/billSearchClient.xhtml.