CH. 28-56. Employee Social Media Privacy.
§ 28-56-2. Social media password requests prohibited.
No employer shall: (1) Require, coerce, or request an employee or applicant to disclose the password or any other means for accessing a personal social media account; (2) Require, coerce, or request an employee or applicant to access a personal social media account in the presence of the employer or representative; (3) Require or coerce an employee or applicant to divulge any personal social media account information, except when reasonably believed to be relevant to an investigation of allegations of employee misconduct or workplace-related violation of applicable laws and regulations and when not otherwise prohibited by law or constitution; provided that the information is accessed and used solely to the extent necessary for purposes of that investigation or a related proceeding. § 28-56-3. Social media access requests prohibited.
No employer shall compel an employee or applicant to add anyone, including the employer or their agent, to their list of contacts associated with a personal social media account or require, request, or cause an employee or applicant to alter settings that affect a third party's ability to view the contents of a personal social media account. § 28-56-4. Disciplinary actions prohibited.
No employer shall: (1) Discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize any employee for an employee's refusal to disclose or provide access to any information specified in § 28-56-2, or for refusal to add the employer to his or her list of contacts associated with a personal social media account, or to alter the settings associated with a personal social media account, as specified in § 28-56-3; or (2) Fail or refuse to hire any applicant as a result of the applicant's refusal to disclose or provide access to any information specified in § 28-56-2, or for refusal to add the employer or their agent to their list of contacts associated with a personal social media account, or to alter the settings associated with a personal social media account, as specified in § 28-56-3. § 28-56-5. Exceptions.
(a) This chapter shall not apply to information about an applicant or employee that is publicly available. (b) This chapter shall not prohibit or restrict an employer from complying with a duty to screen employees or applicants before hiring or to monitor or retain employee communications that is established by a self-regulatory organization as defined by the Securities and Exchange Act of 1934, 15 U.S.C. § 78c(a)(26) or under state or federal law or regulation to the extent necessary to supervise communications of regulated financial institutions insurance or securities licensees for banking insurance or securities related business purposes.