No Forced “Friends” Under Recent New Hampshire Legislation Prohibiting Employers’ Access to Employees’ Social Media Accounts

New Hampshire recently passed a law prohibiting employers from requesting the login information for an employee’s personal e-mail or social media account. The law also provides that an employer cannot demand to be connected to an employee through the employee’s personal account (i.e., demand that the employee “friend” the employer), or require the employee to adjust the privacy settings on personal accounts. The law, of course, has exceptions, including that the employer may “monitor usage of the employer’s electronic equipment and electronic mail.” The law goes into effect September 30, 2014.

New Hampshire is just the latest of many states to join the recent trend in enacting laws prohibiting employers from accessing their employees’ personal social media accounts. It is now the 12th state to pass such a law.