Social Media Privacy Protection, Pt. 1

Bill Number: HB13-1046

Bill Title: Employee User Name Password Privacy Protection

 

Sponsored by: Representative Angela Williams and Senator Jessie Ulibarri 

 

Committee Assignment: Business, Labor, Economic, & Workforce Development

 

Some background

For the past few years, and especially during the past summer with notable stories in the news, employers have increased the practice of requiring employees and job applicants to give them access to their personal social media sites as part of routine background checks. 

Employers say it's necessary to see how people behave online, which could reflect their personality and risk level to the business, but opponents of the practice say it's a serious violation of privacy. 

In some instances the employer will look through Facebook or Twitter pages in the presence of the employee being scrutinized. In other cases, the employer demands the login information and digs through at their leisure, with or without the employee present. The level of investigation varies from checking recent status posts and pictures to reading every private message a person has ever sent or received. 

Hiring applicants are not excluded from this either. There are stories from across the country and across job sectors of people being rejected for a position because they refused to turn over their personal social media information. 

As the debate on the issue heats up, some states like Maryland and Illinois are reacting by passing legislation to prohibit employers from forcing, or even asking for, the surrender of usernames and passwords to log in. 

In Colorado

Social media privacy has become enough of an issue for our lawmakers to take action. Introduced in the House, HB13-1046 will prohibit employers from asking for, or threatening for, the login information of employees and current job applicants. Check out the exact bill language:

AN EMPLOYER MAY NOT REQUEST OR REQUIRE THAT AN EMPLOYEE OR APPLICANT DISCLOSE ANY USER NAME, PASSWORD, OR OTHER MEANS FOR ACCESSING THE EMPLOYEE'S OR APPLICANT'S PERSONAL ACCOUNT OR SERVICE THROUGH THE EMPLOYEE'S OR APPLICANT'S ELECTRONIC COMMUNICATIONS DEVICE.

There are limitations though. 

This bill will not prohibit an employer from browsing social media pages that are readily available to the public. If your privacy settings are loose, and compromising pictures or statements by you are there for all to read, it can still be considered a factor in stopping that promotion in the works or preventing your hire.

What's more, an employer may still launch an investigation against you if there's suspicion you're involved with "unauthorized downloading of proprietary information" or other illegal activities. Part of the investigation could involve surrendering social media login info. 

Although the bill allows an aggravated employee or hiring applicant to file a civil court action against an employer who violates this law, would a rejected applicant realistically take the time and spend the cash to protest their case in court? And what would be their chances against the legal team of a large business that turned them down?  

Tracking the bill

HB13-1046 has been assigned to the Business, Labor, Economic, & Workforce Development committee chaired by none other than Rep. Williams... the sponsor of the bill! When the chair of a committee hears their own legislation odds are good it will pass approvingly. 

I'll keep you updated as it moves along. Stay tuned!