New Wisconsin Law Protects Personal Social Media, Internet Accounts
Author: Beth Zoller, XpertHR Legal Editor
April 22, 2014
Wisconsin has become the latest state to enact a social media privacy law prohibiting an employer from requesting that employees or applicants disclose access information to a personal internet account so that the employer may obtain access to an employee's or applicant's nonpublic personal internet account. States such as New Jersey and Nevada passed similar laws last year. Wisconsin employers should be aware of the requirements of the Social Media Protection Act (Senate Bill 223) and review and revise any workplace policies accordingly.
The new law took effect on April 10, 2014, and applies to both private and public employers (as well as landlords and educational institutions). Specifically, it prohibits an employer from:
- Requesting or requiring that an employee or applicant disclose access information (defined as a user name and password or any other security information) to or allow observation of a personal internet account as a condition of employment;
- Discharging or otherwise discriminating against an employee for exercising or enforcing their rights under this law; and
- Refusing to hire an applicant for employment based on the applicant's refusal to disclose access information or to grant access to a personal internet account.
The new law applies to a personal internet account, which is defined as "an Internet-based account that is created and used by an individual exclusively for purposes of personal communication." Thus, it extends protection to not only social media accounts on websites such as Facebook and Twitter, but also internet-based personal email accounts that employees may use. The law's protections do not apply to personal internet accounts that may be used for work-related purposes.
The new law protects an employer that requests or requires an employee to disclose access information in order to:
- Obtain access to or to operate an electronic communications device supplied or paid for in whole or in part by the employer; or
- Gain access to a personal internet account used for work-related purposes.
Additionally, an employer is permitted to discharge or discipline employees for transferring the employer's proprietary or confidential information or financial data to a personal internet account without the employer's authorization. An employer may also restrict or prohibit employee access to certain social media and internet websites while using the employer's resources. An employer may comply with a duty to screen applicants and monitor employee communications under state or federal laws, rules or regulations and access information that is freely available and within the public domain.
The law further protects an employer by allowing it to rely on a good faith defense if an employer inadvertently obtains access information and does not use that information to access the employee's personal internet account.
The law is enforced by the Wisconsin Department of Workforce Development's Equal Rights Division, and complaints are handled as employment discrimination complaints under the Wisconsin Fair Employment Act. An employer that violates the law could face fines up to $1,000 and any other action authorized by the Wisconsin Fair Employment Act, such as back pay and reinstatement.