Oklahoma: Employers May Not Require Access to Employee Personal Social Media Accounts

Author: Beth P. Zoller, XpertHR Legal Editor

June 11, 2014

Under a new Oklahoma law, an employer will be prohibited from requiring that an employee or applicant allow access to his or her personal online social media account. This follows similar measures recently passed in Tennessee and Louisiana. Oklahoma employers should prepare for the implementation of this law (effective November 1, 2014) by updating any relevant workplace policies regarding recruiting, hiring, privacy and social media.

The new law defines a personal online social media account as an online account used by an employee or prospective employee exclusively for personal communications (e.g., videos, photographs, blogs or email). The new law prohibits an employer from:

• Requiring that an employee provide his or her user name and password or other means of accessing his or her personal online social media account through an electronic communications device;
• Requiring that an employee or applicant access his or her personal online social media account in the employer's presence so that the employer may observe the account's contents that are not publicly available; and
• Retaliating against an employee or refusing to hire an applicant who refuses to provide access information.

An employer may continue to request or require an employee to disclose his or her user name and password to access:

• Any computer system, information technology network or electronic communications device provided for in whole or in part by the employer; or
• Any accounts or services provided by the employer or obtained in connection with the employee's employment or used for business purposes.

An employer will not violate the new law if it inadvertently receives an employee's account access information as long as the employer does not use the information to access an employee's personal online social media account.

Further, under the new law, an employer may conduct investigations to ensure legal compliance or to investigate work-related employee misconduct related to the unauthorized transfer of an employer's confidential and/or proprietary information or financial data to a personal online social media account.

An employer may access its computer system or information technology network, including electronic communications devices owned by the employer. Further an employer may review personal online social media accounts that an employee uses through the employer's computer system, network or electronic communication device.

An employee or applicant may file a lawsuit against an employer who violates this law within six months after the alleged violation. If the employee or applicant can prove a violation, the employee or applicant may seek a court order preventing the employer from further violations. The employee or applicant also may recover damages of $500 per violation, but he or she is not entitled to punitive or emotional damages.