The New Jersey Assembly passed that State’s version of a password-privacy law yesterday by a vote of 77-0. The Bill, AB 2878, is now sent to the State’s Senate, reports NJ.com. Much like the Delaware Workplace Privacy Act, which currently is pending in the Delaware House of Representatives, the New Jersey Bill has some significant flaws.
Like Delaware’s Bill, and similar Bills pending in States across the country, the New Jersey Act is being promoted as a “password-privacy” law, intended to prevent employers from asking employees and applicants for their passwords in order to access the individual’s social-networking site, such as Facebook or Twitter. However, as I have written about the Delaware Bill, the proposed law goes much farther than that.
In the case of New Jersey’s Bill, employers would be prohibited from asking not only for an individual’s password, but also for his or her user name and even whether the individual even has a social-networking site in the first place. Even more bizarre is the provision of the law that would prohibit an employer from requiring whether an employee or applicant to provide the employer with “access” to the individual’s social-networking site “in any way.” It is not clear whether this provision would prohibit a supervisor from sending a Facebook friend request or an invitation to connect via LinkedIn.
This lawmaking trend continues to make the news, despite the continued absence of any stories of employers who engage in the practice. Maryland was the first State to sign a similar law into effect. Illinois was the second State to pass a similar law, which now awaits the Governor’s signature. You are welcome to join me for a free webinar on the topic, sponsored by the Employment Law Alliance, on Thursday, July 12.