Recently, Colorado Governor John Hickenlooper signed H.B. 13-1046 into law, prohibiting employers from suggesting, requesting or requiring that prospective or current employees disclose log-in information to personal social media accounts. Employers may also not require that employees or applicants add the employer to a contact list on a social media site, or require that employees change their social media site privacy settings. However, employers may require employees to disclose log-in information to non-personal accounts, and may conduct investigations to ensure compliance with the law or to protect the employer’s proprietary information or financial data. Please click here for other Winston & Strawn LLP briefings on previous state laws.
TIP: Colorado is the most recent in a line of states to pass legislation regulating employer access to social media accounts. Employers should be aware of this issue when drafting social media policies.