HOUSE DOCKET, NO. 503        FILED ON: 1/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1707

The Commonwealth of Massachusetts

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PRESENTED BY:

Cheryl A. Coakley-Rivera

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to social network privacy and employment.

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PETITION OF:

HOUSE DOCKET, NO. 503        FILED ON: 1/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1707

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to social network privacy and employment.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 188 the following section:- 

(a) It shall be unlawful for any employer to:

i.require, request, suggest, or cause an employee or applicant to disclose a user name, password or any other means for access, or provide access through a user name or password, to a personal social media account or service;

ii.compel an employee or applicant, as a condition of employment or consideration for employment, to add anyone, including the employer or their agent, to their list of contacts associated with a personal social media account or service; or

iii.take or threaten any adverse action against an employee or applicant for refusing to disclose any information specified in subclause (a) or for refusing to add the employer to their list of contacts associated with a social media account or service, as specified in subclause (b).

(b) “Social media” means an electronic medium allowing users to create, share, and view user-generated content, including, but not limited to, uploading or downloading videos or still photographs, blogs, video blogs, podcasts, messages, e-mails, or Internet Web site profiles or locations. 

(c) “Employer” shall include any agent, representative, or designee of the employer.

(d) This section shall not apply to any social media account or service opened for or provided by an employer and intended solely for professional purposes.

(e) Nothing in this section shall prohibit an employer from obtaining information about an applicant or employee that is in the public domain.

(f) Nothing in this section shall limit an employer’s right to promulgate and maintain lawful workplace policies governing the use of the employer’s electronic equipment, including policies regarding use of the internet, email, or social media.