Password protected.

• Author: Greenberg, Pare
• Position: TRENDS & TRANSITIONS

Two-thirds of Americans who are online use social media, and many express concern about the privacy of their accounts. In the past two years, state legislators have focused on one area of concern: employers or administrators asking applicants, employees or students to turn over usernames or passwords to their personal accounts. In 2012, lawmakers introduced bills in 14 states and enacted them in six. With more than 50 bills now pending in 28 states and numerous media reports, YouTube videos and social media postings, some might say the issue has gone viral.

The idea of an employer asking applicants or employees to turn over passwords to their personal social media accounts is seen by some as an invasion of privacy. And businesses have admitted that it can be a bad idea for employers to view social media postings. By doing so, they could encounter information--about race, religion, age and disability--that is unlawful to consider when making decisions about applicants or employees.

Most bills seek to protect employees or students from being required to turn over passwords and or usernames for personal social media accounts. Some bills also would prevent a person from having to "friend" a supervisor or coworker or show someone else their social media activity ("shoulder surfing").

Legislators increasingly are recognizing the need to carve out certain exceptions, however. "I hear everybody saying, 'we love the idea of privacy,' but there's some really serious issues as soon as we cloak this with some protection, because a lot of people can be doing things that are criminal that would expose an employer to liability," Nebraska Senator Steve Lathrop (NP) said during a hearing in the Business and Labor Committee he chairs. Nebraska legislators discussed how employers could be held liable for criminal acts by employees that might appear on personal social networking sites and whether law enforcement officials should be exempted from the law because of the nature of their work and the powers they have.

Illinois Representative Jim Durkin (R) introduced legislation this year to address some unintended consequences he sees in the state's Right to Privacy Act that was passed last year. The new legislation would allow exceptions...