Utah Enacts Internet Employment Privacy Law

Author: Beth P. Zoller, XpertHR Legal Editor

Utah has joined California, Illinois, Maryland and Michigan in enacting legislation to protect the online privacy of employees and/or job applicants.

Effective May 14, 2013, Utah employers will be prohibited from requesting or requiring that employees or applicants disclose their usernames and passwords that would permit access to their personal internet accounts. +2013 Bill Text UT H.B. 100. The law also protects employees from retaliation if they refuse to provide their usernames and passwords to their employers. Employers that fail to comply with this new law can be exposed to an employee's lawsuit, who if successful can collect damages up to $500 against the employer.

However, the new law carves out some important exceptions for employers. For example, a Utah employer may request usernames and passwords to access an employer-provided device or to carry out a disciplinary investigation.

Utah employers should review and revise their workplace policies and practices regarding social media as well as hiring and management. Supervisors and those with hiring responsibilities should be notified about the law's requirements.

Additional Resources

Social Media Privacy Bills Proposed From Coast (Maine) to Coast (Washington)

Whether Employers Like It or Not, Social Media Privacy Laws Are Catching Fire

Legislatures Aim to Protect Social Media Privacy of Employees and Applicants

Social Media Password Privacy Protection Legislation - Chart

How to Draft and Enforce a Social Media Policy in the Workplace