Tennessee Is Latest State to Enact Online Privacy Law

Author: Beth P. Zoller, XpertHR Legal Editor

May 6, 2014

Tennessee has followed the lead of neighboring states Arkansas and Illinois and enacted the Employee Online Privacy Act of 2014 to prohibit private employers from accessing employees' and job applicants' social media information and accounts. Although the Act does not take effect until January 1, 2015, Tennessee employers should begin now to amend their policies and practices in accordance with the requirements of the new law.

The Act restricts employers from:

  • Requesting or requiring an employee or applicant to disclose a password that would give the employer access to the individual's personal internet account;
  • Compelling an employee or applicant to add the employer or an employment agency to the individual's personal internet account contacts list;
  • Compelling an employee or applicant to access a personal internet account in the employer's presence, enabling the employer to observe the contents of the individual's personal internet account; or
  • Taking adverse action, failing to hire or otherwise penalizing an employee or applicant for failing to disclose information regarding a personal internet account.

A personal internet account is defined by the Act as an online account used by an employee or applicant exclusively for personal communications that are not work-related. The definition does not cover social media accounts that an employee or applicant creates, maintains, uses or accesses for work-related communications or an employer's business purposes.

Employers should note that the new law does not prevent them from:

  • Requesting social media information to access an electronic communications device the employer has fully or partially paid for, or an account or service it provides for business purposes;
  • Disciplining or discharging an employee who transfers the employer's confidential and proprietary information or data without authorization;
  • Requiring an employee to cooperate in an investigation regarding legal compliance or work-related employee misconduct;
  • Restricting employee access to certain websites and monitoring, reviewing, accessing or blocking electronic data while using an electronic communications device fully or partially paid for by the employer, or while using the employer's network and resources;
  • Screening applicants or employees; or
  • Viewing, accessing and using public information regarding employees or applicants.